LD 1609
pg. 25
Page 24 of 146 PUBLIC Law Chapter 543 Page 26 of 146
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LR 1469
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C.__A judicial determination that the partner has otherwise
become incapable of performing the partner's duties under
the partnership agreement;

 
8.__Partner is trust or trustee.__In the case of a partner
that is a trust or is acting as a partner by virtue of being a
trustee of a trust, distribution of the trust's entire
transferable interest in the partnership, but not merely by
reason of the substitution of a successor trustee;

 
9.__Partner is estate or personal representative of estate.__
In the case of a partner that is an estate or is acting as a
partner by virtue of being a personal representative of an
estate, distribution of the estate's entire transferable interest
in the partnership, but not merely by reason of the substitution
of a successor personal representative; or

 
10.__Termination. Termination of a partner who is not an
individual, partnership, limited liability company, corporation,
trust or estate.

 
§1062.__Partner's power to dissociate; wrongful dissociation

 
1.__By express will.__A partner has the power to dissociate at
any time, rightfully or wrongfully, by express will pursuant to
section 1061, subsection 1.

 
2.__Wrongful dissociation.__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 90 days after another
partner's dissociation by death or otherwise under
section 1061, subsections 6 to 10 or wrongful
dissociation under this subsection;

 
(2)__The partner is expelled by judicial__determination
under section 1061, subsection 5;

 
(3)__The partner is dissociated by becoming a debtor in
bankruptcy; or


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