The General Partner Flashcards

1
Q

A General Partner’s Power

A

The general partner cannot contract out of the fiduciary duties. The general partner has a duty to render true and full information on demand.

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2
Q

PA’s Restricting Breaches of Loyalty

A

A partnership agreement can trump statutory law in the case of allowing a committee to approve potential breaches of the duty of loyalty. If there is no agreement, the LP would have a windfall in the form of the disgorgement of profits and property from the transaction.

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