2013 Maryland Code
CORPORATIONS AND ASSOCIATIONS
§ 9A-405 - Actions by partnership and partners


MD Corp & Assn Code § 9A-405 (2013) What's This?

(a) Action against partner. -- A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.

(b) Action against partnership. -- A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to:

(1) Enforce the partner's rights under the partnership agreement;

(2) Enforce the partner's rights under this title, including:

(i) The partner's rights under § 9A-401, § 9A-403, or § 9A-404 of this subtitle;

(ii) The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to § 9A-701 of this title or enforce any other right under Subtitle 6 or Subtitle 7 of this title; or

(iii) The partner's right to compel a dissolution and winding up of the partnership business under § 9A-801 of this title or enforce any other right under Subtitle 8 of this title; or

(3) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.

(c) Statute of limitations. -- The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

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