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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 33-41-1080: Rights of retiring partner or estate of deceased partner when business is continued.

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Where this section sits in the code
  1. Title 33 - CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS
  2. CHAPTER 41 Uniform Partnership Act
  3. ARTICLE 11 Dissolution or Winding Up

When any partner retires or dies and the business is continued under any of the conditions set forth in SECTION 33-41-1070 or item (2) of SECTION 33-41-1040, without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such persons or partnership may have the value of his interest at the date of dissolution ascertained and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership. But the creditors of the dissolved partnership as against the separate creditors or the representatives of the retired or deceased partner shall have priority on any claim arising under this section, as provided by item (8) of SECTION 33-41-1070.

Collected 2026-09-02T07:04:24Z. Source file · JSON

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