LD 1609
pg. 43
Page 42 of 146 PUBLIC Law Chapter 543 Page 44 of 146
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LR 1469
Item 1

 
This chapter takes effect July 1, 2007.

 
§1104.__Applicability

 
1.__Application before July 1, 2007.__Before July 1, 2007,
this chapter governs only a partnership formed:

 
A.__After July 1, 2007, except a partnership that is
continuing the business of a dissolved partnership under
former Title 31, section 318; and

 
B.__Before July 1, 2007 that elects, as provided by
subsection 3, to be governed by this chapter.

 
2.__Application on and after July 1, 2007.__On and after July
1, 2007, this chapter governs all partnerships.

 
3.__Election before July 1, 2007.__Before July 1, 2007, a
partnership voluntarily may elect, in the manner provided in its
partnership agreement or by law for amending the partnership
agreement, to be governed by this chapter.__The provisions of
this chapter relating to the liability of the partnership's
partners to 3rd parties apply to limit those partners' liability
to a 3rd party who had done business with the partnership within
one year before the partnership's election to be governed by this
chapter only if the 3rd party knows or has received a
notification of the partnership's election to be governed by this
chapter.__A partnership may elect to be governed by this chapter
by filing a statement of election stating the name of the
partnership and that the partnership has made the election
pursuant to this section.

 
§1105.__Rules of construction

 
1.__Savings clause.__This chapter does not affect an action or
proceeding commenced or right accrued before this chapter takes
effect.

 
2.__Freedom to contract.__It is the policy of the chapter to
give maximum effect to the freedom of contract and to the
enforceability of partnership agreements.

 
3.__Law and equity.__Unless displaced by particular provisions
of this chapter, the principles of law and equity supplement this
chapter.

 
4.__Statutes in derogation of common law.__Rules that statutes
in derogation of the common law are to be strictly construed do
not apply to this chapter.


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