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Idaho · Through 2026 Legislative Session

Idaho Code § 30-23-405: SHARING OF AND RIGHT TO DISTRIBUTIONS BEFORE DISSOLUTION.

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Where this section sits in the code
  1. TITLE 30 CORPORATIONS
  2. CHAPTER 23 GENERAL PARTNERSHIPS
  3. PART 4 RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP

(a) Any distributions made by a partnership before its dissolution and winding up must be in equal shares among partners, except to the extent necessary to comply with a transfer effective under section 30-23-503, Idaho Code, or charging order in effect under section 30-23-504, Idaho Code.

(b) Subject to section 30-23-701, Idaho Code, a person has a right to a distribution before the dissolution and winding up of a partnership only if the partnership decides to make an interim distribution.

(c) A person does not have a right to demand or receive a distribution from a partnership in any form other than money. Except as otherwise provided in section 30-23-806, Idaho Code, a partnership may distribute an asset in kind only if each part of the asset is fungible with each other part and each person receives a percentage of the asset equal in value to the person’s share of distributions.

(d) If a partner or transferee becomes entitled to receive a distribution, the partner or transferee is entitled to all remedies available to a creditor of the partnership with respect to the distribution. However, the partnership’s obligation to make a distribution is subject to offset for any amount owed to the partnership by the partner or a person dissociated as partner on whose account the distribution is made.

Collected 2026-09-04T11:18:35Z. Source file · JSON

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