35-10-620. Dissociated partner's power to bind partnership -- liability to partnership. (1) For 2 years after a partner dissociates without resulting in a dissolution and winding up of the partnership business, the partnership, including a surviving partnership under 35-10-635 through 35-10-637 and 35-10-641 through 35-10-644, is bound by an act of the dissociated partner that would have bound the partnership under 35-10-301 before dissociation if the other party to the transaction:
(a) reasonably believed when entering the transaction that the dissociated partner was a partner at that time;
(b) did not have notice of the partner's dissociation; and
(c) is not considered to have had knowledge under 35-10-310(5) or notice under 35-10-622.
(2) A dissociated partner is liable to the partnership for any loss caused to the partnership arising from an obligation incurred by the dissociated partner after dissociation and for which the partnership is liable under subsection (1).
History: En. Sec. 40, 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