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5 Cards in this Set

  • Front
  • Back
What are the two Fiduciary duties that a partner owes the other partners?
Loyalty and Care
What is the Duty of Loyalty?
No CCAD - Can Computers Ace Deers?

1. No Competition;
2. No Conflicts of Interest;

3. No Appropriation of a partnership business opportunity

4. No Disclosure of confidential information.

Note: Appropriation = take for own use

As far as conflicts of interest, transactions between a partner and the partnership are fully permissible if certain criteria (including notice and fairness) are met.
What is Duty of Care?
"Refraining from engaging in:

Grossly negligent or reckless conduct

Intentional misconduct, OR

A knowing violation of law
How should partners Discharge their duties to the partnership and other partners per RUPA?
Consistently with the obligation of good faith and fair dealing
The partners' fiduciary obligations in UPA jurisdictions are roughly analogous to those just spelled out for RUPA. T or F
True