Montana Code 35-10-609. Right to wind up partnership business
35-10-609. Right to wind up partnership business. (1) After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnership’s business, but on application of any partner, partner’s legal representative, or transferee, the district court, for good cause, may order judicial supervision of the winding up.
Terms Used In Montana Code 35-10-609
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(2)The legal representative of the last surviving partner may wind up a partnership’s business.
(3)A person winding up a partnership’s business may preserve the partnership business or property as a going concern for a reasonable time; prosecute and defend actions and proceedings, whether civil, criminal, or administrative; settle and close the partnership’s business; dispose of and transfer the partnership’s property; discharge the partnership’s liabilities; distribute the assets of the partnership pursuant to 35-10-629; settle disputes by mediation or arbitration; and perform other necessary acts.