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MARYLAND STATUTES AND CODES

Section 405 - Actions by partnership and partners.

§ 9A-405. Actions by partnership and partners.
 

(a)  Action against partner.- 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)  Action against partnership.- 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 title, including: 

(i) The partner's rights under § 9A-401, § 9A-403, or § 9A-404 of this subtitle; 

(ii) The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to § 9A-701 of this title or enforce any other right under Subtitle 6 or Subtitle 7 of this title; or 

(iii) The partner's right to compel a dissolution and winding up of the partnership business under § 9A-801 of this title or enforce any other right under Subtitle 8 of this title; or 

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

(c)  Statute of limitations.- 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. 
 

[1997, ch. 654, § 2; 1998, ch. 743, §§ 1, 3.] 
 

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