35-10-618. Effect of partner's dissociation. (1) If a partner's dissociation results in a dissolution and winding up of the partnership business, 35-10-602, 35-10-609, and 35-10-624 through 35-10-629 apply; otherwise 35-10-619 through 35-10-623 apply.
(2) Upon a partner's dissociation:
(a) the partner's right to participate in the management and conduct of the partnership business terminates, except as provided in 35-10-609;
(b) the partner's duty of loyalty under 35-10-405(2)(c) terminates; and
(c) the partner's duty of loyalty under 35-10-405(2)(a) and (2)(b) and duty of care under 35-10-405(4) continue only with regard to matters arising or events occurring before the dissociation.
History: En. Sec. 38, Ch. 238, L. 1993.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 10. Partnerships in General
Part 6. Dissolution and Winding Up
35-10-602. Partnership continues after dissolution
35-10-609. Right to wind up partnership business
35-10-616. Events causing partner's dissociation
35-10-617. Partner's wrongful dissociation
35-10-618. Effect of partner's dissociation
35-10-619. Purchase of dissociated partner's interest
35-10-620. Dissociated partner's power to bind partnership -- liability to partnership
35-10-621. Dissociated partner's liability to other persons
35-10-622. Statement of dissociation -- filing
35-10-623. Continued use of partnership name
35-10-624. Events causing dissolution and winding up of partnership business
35-10-625. Dissolution deferred 90 days
35-10-626. Partner's power to bind partnership after dissolution
35-10-627. Statement of dissolution
35-10-628. Partner's liability to other partners after dissolution
35-10-629. Settlement of accounts among partners
35-10-630. through 35-10-634 reserved
35-10-635. Conversion of partnership to limited partnership
35-10-636. Conversion of limited partnership to partnership
35-10-637. Effect of conversion -- entity unchanged
35-10-638. through 35-10-640 reserved
35-10-641. Merger of partnerships