59-48. Rules determining rights and duties of partners.
The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules:
(1) Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and must contribute towards the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits.
(2) The partnership must indemnify every partner in respect of payments made and personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business, or for the preservation of its business or property.
(3) A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, shall be paid interest from the date of the payment or advance.
(4) A partner shall receive interest on the capital contributed by him only from the date when repayment should be made.
(5) All partners have equal rights in the management and conduct of the partnership business.
(6) No partner is entitled to remuneration for acting in the partnership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs.
(7) No person can become a member of a partnership without the consent of all the partners.
(8) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may be done rightfully without the consent of all the partners. (1941, c. 374, s. 18.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Uniform Partnership Act.
§ 59-31 - North Carolina Uniform Partnership Act.
§ 59-32 - Definition of terms.
§ 59-33 - Interpretation of knowledge and notice.
§ 59-34 - Rules of construction.
§ 59-35 - Rules for cases not provided for in this Act.
§ 59-35.1 - Filing of documents.
§ 59-35.2 - Filing, service, and copying fees.
§ 59-36 - Partnership defined.
§ 59-37 - Rules for determining the existence of a partnership.
§ 59-38 - Partnership property.
§ 59-39 - Partner agent of partnership as to partnership business.
§ 59-39.1 - Act, admission or acknowledgment by partner.
§ 59-40 - Conveyance of real property of the partnership.
§ 59-41 - Partnership bound by admission of partner.
§ 59-42 - Partnership charged with knowledge of or notice to partner.
§ 59-43 - Partnership bound by partner's wrongful act.
§ 59-44 - Partnership bound by partner's breach of trust.
§ 59-46 - Partner by estoppel.
§ 59-47 - Liability of incoming partner.
§ 59-48 - Rules determining rights and duties of partners.
§ 59-50 - Duty of partners to render information.
§ 59-51 - Partner accountable as a fiduciary.
§ 59-52 - Right to an account.
§ 59-53 - Continuation of partnership beyond fixed term.
§ 59-54 - Extent of property rights of a partner.
§ 59-55 - Nature of a partner's right in specific partnership property.
§ 59-56 - Nature of partner's interest in the partnership.
§ 59-57 - Assignment of partner's interest.
§ 59-58 - Partner's interest subject to charging order.
§ 59-59 - Dissolution defined.
§ 59-60 - Partnership not terminated by dissolution.
§ 59-61 - Causes of dissolution.
§ 59-62 - Dissolution by decree of court.
§ 59-63 - General effect of dissolution on authority of partner.
§ 59-64 - Right of partner to contribution from copartners after dissolution.
§ 59-66 - Effect of dissolution on partner's existing liability.
§ 59-68 - Rights of partners to application of partnership property.
§ 59-69 - Rights where partnership is dissolved for fraud or misrepresentation.
§ 59-70 - Rules for distribution.
§ 59-71 - Liability of persons continuing the business in certain cases.
§ 59-72 - Rights of retiring partner or estate of deceased partner when the business is continued.