§425-124 - Actions by partnership and partners. - Hawaii Statutes

     §425-124  Actions by partnership and partners.  (a)  A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.

     (b)  A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to:

     (1)  Enforce the partner's rights under the partnership agreement;

     (2)  Enforce the partner's rights under this part, including:

         (A)  The partner's rights under section 425-120, 425-122, or 425-123;

         (B)  The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to section 425-133 or enforce any other right under sections 425-130 to 425-132 or sections 425-133 to 425-137; or

         (C)  The partner's right to compel a dissolution and winding up of the partnership business or enforce any other right under sections 425-138 to 425-144; or

     (3)  Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.

     (c)  The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law.  A right to an accounting upon a dissolution and winding up does not revive a claim barred by law. [L 1999, c 284, pt of §1]