TITLE 30

CORPORATIONS

CHAPTER 24

LIMITED PARTNERSHIPS

PART 9

ACTIONS BY PARTNERS

30-24-901.  DIRECT ACTION BY PARTNER. (a)  Subject to subsection (b) of this section, a partner may maintain a direct action against another partner or the limited partnership, with or without an accounting as to the partnership’s activities and affairs, to enforce the partner’s rights and protect the partner’s interests, including rights and interests under the partnership agreement or this act or arising independently of the partnership relationship.

(b)  A partner maintaining a direct action under this section must plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited partnership.

(c)  A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

History:

[30-24-901, added 2015, ch. 243, sec. 41, p. 869.]