Sec. B-14. Savings clause. This Part does not affect an action or proceeding commenced or a right accrued before this Act takes effect.

Sec. B-15. Effective date. This Part takes effect July 1, 2006.

SUMMARY

This bill repeals the existing Uniform Partnership Act and enacts the Revised Uniform Partnership Act of 1997 (RUPA) as the new Uniform Partnership Act. It makes the following changes in Maine partnership law.

Under current law concerning the agency authority of partners, every partner has apparent authority to carry on the business of the partnership. This bill continues that concept except that the apparent authority includes acts for carrying on in the ordinary course business of the kind carried on by the partnership, not just the business of the particular partnership in question. Current law provides that the partnership is bound for the acts of a partner within the apparent authority unless the partner has no actual authority and the person with whom the partner is dealing has knowledge that the partner has no actual authority. This bill is the same as current law except that RUPA provides that a person who has received a notification of a partner's lack of authority is also bound. RUPA specifies the meaning of "receives a notification".

Under current law concerning partnership recovery of property wrongfully conveyed, the partnership may recover the property unless the partner binds the partnership as provided in current law or the purchaser or the purchaser's assignee is a