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liquidator of the partner or of all or substantially all of | | the partner's property obtained without the partner's consent | | or acquiescence or failing within 90 days after the expiration | | of a stay to have the appointment vacated; |
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| | | 7.__Partner who is individual.__In the case of a partner who | | is an individual: |
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| | | B.__The appointment of a guardian or general conservator for | | the partner; or |
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| | | C.__A judicial determination that the partner has otherwise | | become incapable of performing the partner's duties under | | the partnership agreement; |
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| | | 8.__Partner is trust or trustee.__In the case of a partner | | that is a trust or is acting as a partner by virtue of being a | | trustee of a trust, distribution of the trust's entire | | transferable interest in the partnership, but not merely by | | reason of the substitution of a successor trustee; |
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| | | 9.__Partner is estate or personal representative of estate.__ | | In the case of a partner that is an estate or is acting as a | | partner by virtue of being a personal representative of an | | estate, distribution of the estate's entire transferable interest | | in the partnership, but not merely by reason of the substitution | | of a successor personal representative; or |
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| | | 10.__Termination. Termination of a partner who is not an | | individual, partnership, limited liability company, corporation, | | trust or estate. |
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| | | (This is Section 601 of the Uniform Partnership Act (1997).) |
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| | | 1. RUPA dramatically changes the law governing partnership | | breakups and dissolution. An entirely new concept, | | "dissociation," is used in lieu of the UPA term "dissolution" to | | denote the change in the relationship caused by a partner's | | ceasing to be associated in the carrying on of the business. | | "Dissolution" is retained but with a different meaning. See | | Section 802. The entity theory of partnership provides a | | conceptual basis for continuing the firm itself despite a | | partner's withdrawal from the firm. |
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| | | Under RUPA, unlike the UPA, the dissociation of a partner does | | not necessarily cause a dissolution and winding up of the | | business of the partnership. Section 801 identifies the |
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