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Current as of January 01, 2024 | Updated by Findlaw Staff
1. Except for a general partnership governed by subsection 2, a general partnership formed under any statute of this state prior to July 1, 1959, including the general partners of a special or limited partnership formed prior to July 1, 1959, are governed by the provisions of chapters 45-05 through 45-12, until January 1, 1997, from and after July 1, 1959. After December 31, 1996, all partnerships are governed as provided in subsection 3.
2. Before January 1, 1997, chapters 45-13 through 45-21 govern only a partnership formed:
a. After January 1, 1996, unless that partnership is continuing the business of a dissolved partnership under section 45-09-13; and
b. Before January 1, 1996, that elects, as provided by subsection 4, to be governed by chapters 45-13 through 45-21.
3. After December 31, 1996, chapters 45-13 through 45-21 govern all partnerships.
4. Before January 1, 1997, a partnership voluntarily may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be governed by chapters 45-13 through 45-21. Provisions of chapters 45-13 through 45-21 relating to the liability of the partnership's partners to third parties apply to limit those partners' liability to a third party who had done business with the partnership within one year preceding the partnership's election to be governed by chapters 45-13 through 45-21, only if the third party knows or has received a notification of the partnership's election to be governed by chapters 45-13 through 45-21.
Cite this article: FindLaw.com - North Dakota Century Code Title 45. Partnerships § 45-12-02. Provisions for other existing partnerships - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-45-partnerships/nd-cent-code-sect-45-12-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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