Kentucky Statutes 362.250 – Partner accountable as a fiduciary
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(1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property.
(2) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.
(3) That a transaction was fair to the partnership shall not constitute a defense to the breach of the obligation in subsection (1) of this section.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 81, sec. 124, effective July 12, 2012. — Repeal the prior repeal contained in 2006 Ky. Acts ch. 149, sec. 239, which was to have been effective January 1, 2008, 2007 Ky. Acts ch. 137, sec. 180, effective June 26,
2007. — Repealed 2006 Ky. Acts ch. 149, sec. 239, effective January 1, 2008. — Created 1954 Ky. Acts ch. 38, sec. 21, effective June 17, 1954.
(2) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.
Terms Used In Kentucky Statutes 362.250
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- Trustee: A person or institution holding and administering property in trust.
(3) That a transaction was fair to the partnership shall not constitute a defense to the breach of the obligation in subsection (1) of this section.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 81, sec. 124, effective July 12, 2012. — Repeal the prior repeal contained in 2006 Ky. Acts ch. 149, sec. 239, which was to have been effective January 1, 2008, 2007 Ky. Acts ch. 137, sec. 180, effective June 26,
2007. — Repealed 2006 Ky. Acts ch. 149, sec. 239, effective January 1, 2008. — Created 1954 Ky. Acts ch. 38, sec. 21, effective June 17, 1954.