LD 1609
pg. 60
Page 59 of 148 An Act To Establish the Uniform Partnership Act Page 61 of 148
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LR 1469
Item 1

 
This section is complemented by Section 807(a) which provides
that, in winding up the partnership business on dissolution, any
surplus after the payment of partnership obligations must be
applied to pay in cash the net amount distributable to each
partner.

 
§1043.__Partner's rights and duties with respect to information

 
1.__Books and records at chief executive office.__A
partnership shall keep its books and records, if any, at its
chief executive office.

 
2.__Access to books and records.__A partnership shall provide
partners and their agents and attorneys access to its books and
records.__It shall provide former partners and their agents and
attorneys access to books and records pertaining to the period
during which they were partners.__The right of access provides
the opportunity to inspect and copy books and records during
ordinary business hours.__A partnership may impose a reasonable
charge, covering the costs of labor and material, for copies of
documents furnished.

 
3.__Furnishing of information.__Each partner and the
partnership shall furnish to a partner, and to the legal
representative of a deceased partner or partner under legal
disability:

 
A.__Without demand, any information concerning the
partnership's business and affairs reasonably required for
the proper exercise of the partner's rights and duties under
the partnership agreement or this chapter; and

 
B.__On demand, any other information concerning the
partnership's business and affairs, except to the extent the
demand or the information demanded is unreasonable or
otherwise improper under the circumstances.

 
Comment

 
(This is Section 403 of the Uniform Partnership Act (1997).)

 
1. Subsection (a) provides that the partnership's books and
records, if any, shall be kept at its chief executive office. It
continues the UPA Section 19 rule, modified to include
partnership records other than its "books," i.e., financial
records. The concept of "chief executive office" comes from UCC
Section 9103(3)(d). See the Comment to Section 106.

 
Since general partnerships are often informal or even
inadvertent, no books and records are enumerated as mandatory,


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