Current as of January 01, 2020 | Updated by FindLaw Staff
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1. A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to subsection 1 of section 45-18-01.
2. A partner's dissociation is wrongful only if:
a. It is in breach of an express provision of the partnership agreement; or
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:
(1) The partner withdraws by express will, unless the withdrawal follows within ninety days after another partner's dissociation by death or otherwise under subsections 6 through 10 of section 45-18-01 or wrongful dissociation under this subsection;
(2) The partner is expelled by judicial determination under subsection 5 of section 45-18-01;
(3) The partner is dissociated by becoming a debtor in bankruptcy; or
(4) In the case of a partner who is not an individual, trust other than a business trust, or estate, the partner is expelled or otherwise dissociated because it willfully dissolved or terminated.
3. A partner who wrongfully dissociates is liable to the partnership and to the other partners for damages caused by the dissociation. The liability is in addition to any other obligation of the partner to the partnership or to the other partners.
Cite this article: FindLaw.com - North Dakota Century Code Title 45. Partnerships § 45-18-02. Partner's power to dissociate--Wrongful dissociation - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-45-partnerships/nd-cent-code-sect-45-18-02.html
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 or via Westlaw before relying on it for your legal needs.
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