LD 1609
pg. 97
Page 96 of 148 An Act To Establish the Uniform Partnership Act Page 98 of 148
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LR 1469
Item 1

 
If the parties fail to reach agreement, the court must determine
the buyout price of the partner's interest, any offsets, including
damages for wrongful dissociation, and the amount of interest
accrued. If payment to a wrongfully dissociated partner is
deferred, the court may also require security for payment and
determine the other terms of the obligation.

 
Under subsection (i), attorney's fees and other costs may be
assessed against any party found to have acted arbitrarily,
vexatiously, or not in good faith in connection with the
valuation dispute, including the partnership's failure to tender
payment of the estimated price or to make the required
disclosures. This provision is based in part on RMBCA Section
13.31(b).

 
§1072.__Dissociated partner's power to bind and liability to

 
partnership

 
1.__Apparent authority of dissociated partner.__For 2 years
after a partner dissociates without resulting in a dissolution
and winding up of the partnership business, the partnership,
including a surviving partnership under subchapter 9, is bound by
an act of the dissociated partner that would have bound the
partnership under section 1031 before dissociation only if at the
time of entering into the transaction the other party:

 
A.__Reasonably believed that the dissociated partner was
then a partner;

 
B.__Did not have notice of the partner's dissociation; and

 
C.__Is not deemed to have notice under section 1074,
subsection 2.

 
2.__Liability for obligation after dissociation.__A
dissociated partner is liable to the partnership for any damage
caused to the partnership arising from an obligation incurred by
the dissociated partner after dissociation for which the
partnership is liable under subsection 1.

 
Comment

 
(This is Section 702 of the Uniform Partnership Act (1997).)

 
1. Section 702 deals with a dissociated partner's lingering
apparent authority to bind the partnership in ordinary course
partnership transactions and the partner's liability to the
partnership for any loss caused thereby. It also applies to


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