(a) 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.
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Terms Used In Alaska Statutes 32.06.405

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
(b) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting of partnership business, to enforce

(1) the partner’s rights under the partnership agreement;
(2) the partner’s rights under this chapter, including the partner’s

(A) rights under Alaska Stat. § 32.06.401, 32.06.403, or 32.06.404;
(B) right on dissociation to have the partner’s interest in the partnership purchased under Alaska Stat. § 32.06.701 or to enforce any other right under Alaska Stat. § 32.06.601 – 32.06.603 or 32.06.701 – 32.06.705; or
(C) right to compel a dissolution and winding up of the partnership business under Alaska Stat. § 32.06.801 or to enforce another right under Alaska Stat. § 32.06.801 – 32.06.807; or
(3) the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.
(c) The accrual of, and any time limitation on, a right of action for a remedy under this section are governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.
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