| | | 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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| | | §1062.__Partner's power to dissociate; wrongful dissociation |
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| | | 1.__By express will.__A partner has the power to dissociate at | | any time, rightfully or wrongfully, by express will pursuant to | | section 1061, subsection 1. |
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| | | 2.__Wrongful dissociation.__A partner's dissociation is | | wrongful only if: |
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| | | A.__It is in breach of an express provision of the | | partnership agreement; or |
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| | | B.__In the case of a partnership for a definite term or | | particular undertaking, before the expiration of the term or | | the completion of the undertaking: |
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| | | (1)__The partner withdraws by express will, unless the | | withdrawal follows within 90 days after another | | partner's dissociation by death or otherwise under | | section 1061, subsections 6 to 10 or wrongful | | dissociation under this subsection; |
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| | | (2)__The partner is expelled by judicial__determination | | under section 1061, subsection 5; |
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| | | (3)__The partner is dissociated by becoming a debtor in | | bankruptcy; or |
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