eLaws of Florida

  SECTION 620.8601. Events causing partner’s dissociation.  


Latest version.
  • 1A partner is dissociated from a partnership upon the occurrence of any of the following events:
    17(1) 18The partnership having notice of the partner’s express will to immediately withdraw as a partner or withdraw on a later date specified by the partner;
    43(2) 44An event agreed to in the partnership agreement causing the partner’s dissociation;
    56(3) 57The partner’s expulsion pursuant to the partnership agreement;
    65(4) 66The partner’s expulsion by a unanimous vote of the other partners if:
    78(a) 79It is unlawful to carry on the partnership business with such partner;
    91(b) 92There has been a transfer of all or substantially all of such partner’s transferable interest in the partnership other than a transfer for security purposes, or a court order charging the partner’s interest, which has not been foreclosed;
    130(c) 131Within 90 days after the partnership notifies a corporate partner that it will be expelled because it has filed a certificate of dissolution or the equivalent, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of the corporate partner’s charter or the corporate partner’s right to conduct business; or
    203(d) 204A partnership that is a partner has been dissolved and its business is being wound up;
    220(5) 221On application by the partnership or another partner, the partner’s expulsion by judicial determination because:
    236(a) 237The partner engaged in wrongful conduct that adversely and materially affected the partnership business;
    251(b) 252The partner willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under s. 279620.8404; 280or
    281(c) 282The partner engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with the partner;
    308(6) 309The partner’s:
    311(a) 312Becoming a debtor in bankruptcy;
    317(b) 318Executing an assignment for the benefit of creditors;
    326(c) 327Seeking, consenting to, or acquiescing in the appointment of a trustee, receiver, or liquidator of such partner or of all or substantially all of such partner’s property; or
    355(d) 356Failing, within 90 days after appointment, to have vacated or have stayed the appointment of a trustee, receiver, or liquidator of the partner or of all or substantially all of the partner’s property obtained without the partner’s consent or acquiescence, or failing within 90 days after the expiration of a stay to have the appointment vacated;
    412(7) 413In the case of a partner who is an individual:
    423(a) 424The partner’s death;
    427(b) 428The appointment of a guardian or general conservator for the partner; or
    440(c) 441A judicial determination that the partner has otherwise become incapable of performing the partner’s duties under the partnership agreement;
    460(8) 461In the case of a partner that is a trust or is acting as a partner by virtue of being a trustee of a trust, distribution of the trust’s entire transferable interest in the partnership, but not merely by reason of the substitution of a successor trustee;
    508(9) 509In the case of a partner that is an estate or is acting as a partner by virtue of being a personal representative of an estate, distribution of the estate’s entire transferable interest in the partnership, but not merely by reason of the substitution of a successor personal representative; or
    559(10) 560Termination of a partner who is not an individual, partnership, corporation, trust, or estate.
History.-s. 13, ch. 95-242.

Bills Cite this Section:

None

Cited by Court Cases:

None