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North Dakota Code > Title 45 > Chapter 45-12 > § 45-12-02 - Provisions for other existing partnerships

       1.    Except for a general partnership governed by subsection 2, a general partnership formed under any statute of this state prior to July 1, 1959, including the general partners of a special or limited partnership formed prior to July 1, 1959, are governed by the provisions of chapters 45-05 through 45-12, until January 1, 1997, from and after July 1, 1959. After December 31, 1996, all partnerships are governed as provided in subsection 3.

       2.    Before January 1, 1997, chapters 45-13 through 45-21 govern only a partnership formed:

             a.    After January 1, 1996, unless that partnership is continuing the business of a dissolved partnership under section 45-09-13; and

             b.    Before January 1, 1996, that elects, as provided by subsection 4, to be governed by chapters 45-13 through 45-21.

       3.    After December 31, 1996, chapters 45-13 through 45-21 govern all partnerships.

       4.    Before January 1, 1997, a partnership voluntarily may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be governed by chapters 45-13 through 45-21. Provisions of chapters 45-13 through 45-21 relating to the liability of the partnership's partners to third parties apply to limit those partners' liability to a third party who had done business with the partnership within one year preceding the partnership's election to be governed by chapters 45-13 through 45-21, only if the third party knows or has received a notification of the partnership's election to be governed by chapters 45-13 through 45-21.

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North Dakota Code > Title 45 - Partnerships

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