Rights and liabilities between general partners Flashcards
general partners are fiduciaries of each other and the partnership. therefore, general partners owe to each other and the partnership duty of loyalty, which means
- no self dealing
- can’t usurp partnership opportunities
- can’t make a secret profit at the partnership’s expense
remedy for breach of duty of loyalty
in action for accounting, recover losses and disgorge profits
How to determine whether property owned by partnership or personal property owned by individual partner?
whose money was used to buy the property
Management: absent an agreement, each partner is entitle to how much control/vote?
equal
Salary: absent an agreement, partners get…
exception
NO salary
exception: pay for helping to wind up the business
Partner’s share of profit: absent an agreement, profits are shared…
equally
Partner’s share of losses: absent an agreement, losses are shared
LIKE PROFITS