Limited Partnerships

ORS 70.400
Action by limited partner upon refusal of general partner

A limited partner may bring an action in the right of a limited partnership to recover a judgment in its favor if general partners with authority to do so have refused to bring the action or if an effort to cause those general partners to bring the action is not likely to succeed. [1985 c.677 §57]

Notes of Decisions

As used in this section, "may" creates authority for limited partners to act in right of partnership, "may" does not mean that limited partner could choose whether to bring claim directly or derivatively; thus, to extent that claim can be brought in right of partnership under this section, plaintiff must pursue claim as derivative action rather than as direct claim for limited partner's pro rata share of damages. Hawkins v. 1000 Limited Partnership, 282 Or App 735, 388 P3d 347 (2016), Sup Ct review denied


Last accessed
Jun. 26, 2021