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dissolution can require the purchase of such partner's interest for | value. |
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| | RUPA provides that for a period of 2 years after dissociation, | a partner has apparent authority to bind the partnership under | the conditions set forth. The dissociated partner is liable to | the partnership for any damages resulting from an obligation | improperly incurred by the dissociated partner. There is no | similar provision under current Maine law. |
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| | Under RUPA, a dissociation does not automatically discharge | the partner's liability for predissociation partnership | obligations, but does discharge postdissociation liabilities | except in enumerated circumstances. There is no similar | provision under current Maine law. |
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| | RUPA provides that a dissociated partner may file a statement | of dissociation. This statement terminates the dissociated | partner's authority to transfer partnership property, apparent | authority and continuing liability to 3rd parties 30 days after | it is filed. The filing is voluntary. The proposed Maine | provision shortens the time before the statement takes effect | under RUPA from 90 days to 30 days. There is no similar | provision under current Maine law. |
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| | Under RUPA, a dissociated partner is not liable for | partnership liabilities if the partnership name or use of the | dissociated partner's name is continued. There is no similar | provision under current Maine law. |
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| | The events that cause a dissolution are found in the Maine | Revised Statutes, Title 31, section 311, with respect to actions | by the partners, and section 312, with respect to judicial | dissolution. RUPA enumerates those default events when a | partnership is dissolved and its business wound up. If one of | these events does not occur or if the partnership agreement | provides that such event does not cause a dissolution, then the | dissociated partner is bought out and the partnership continues. |
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| | Under current Maine law, a partnership continues after | dissolution only for the purposes of winding up its business. | All partners who have not caused a wrongful dissolution may | continue the partnership and its operations. RUPA provides that | a partnership continues after dissolution only for the purpose of | winding up its business. However, all remaining partners, | including the dissociated partner if the dissociation was not | wrongful, have the right to continue the partnership and its | operations. |
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