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S.C. Code Ann. § 33-41-940

Dissolution by decree of court

Known as the Uniform Partnership Act

The act spans §§ 33–33 (61 sections).

Applied in 1 court decision — leading case Tiger, Inc. Ex Rel. Green Apple Partnership v. Fisher Agro, Inc. (1989)

Most recently applied in Tiger, Inc. Ex Rel. Green Apple Partnership v. Fisher Agro, Inc. (June 1989)

1962 Code SECTION 52-64; 1952 Code SECTION 52-64; 1950 (46) 1841.

(1) On application by or for a partner the court shall decree a dissolution whenever

(a) a partner has been declared a lunatic in any judicial proceeding or is shown to be of unsound mind,

(b) a partner becomes in any other way incapable of performing his part of the partnership contract,

(c) a partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business,

(d) a partner wilfully or persistently commits a breach of the partnership agreement or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him,

(e) the business of the partnership can only be carried on at a loss or

(f) other circumstances render a dissolution equitable.

(2) On the application of the purchaser of a partner's interest under SECTION 33-41-740 or 33-41-750 the court shall decree a dissolution

(a) after the termination of the specified term or particular undertaking or

(b) at any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.