Section 54-2A-1001 - Direct action by partner.

NM Stat § 54-2A-1001 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

A. Subject to Subsection B of this section, a partner may maintain a direct action against the limited partnership or another partner for legal or equitable relief, with or without an accounting as to the partnership's activities, to enforce the rights and otherwise protect the interests of the partner, including rights and interests pursuant to the partnership agreement or the Uniform Revised Limited Partnership Act, or arising independently of the partnership relationship.

B. A partner commencing a direct action pursuant to this section is required to plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited partnership.

C. The accrual of, and any time limitation on, a right of action for a remedy pursuant to this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

History: Laws 2007, ch. 129, § 1001.

Effective dates. — Laws 2007, ch. 129, § 1208 made the section effective January 1, 2008.