Arkansas Code Annotated

Ark. Code Ann. § 4-47-408 (2020)

General standards of general partner's conduct

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. The only fiduciary duties that a general partner has to the limited partnership and the other partners are the duties of loyalty and care under subsections (b) and (c).
  2. A general partner's duty of loyalty to the limited partnership and the other partners is limited to the following:
    1. to account to the limited partnership and hold as trustee for it any property, profit, or benefit derived by the general partner in the conduct and winding up of the limited partnership's activities or derived from a use by the general partner of limited partnership property, including the appropriation of a limited partnership opportunity;
    2. to refrain from dealing with the limited partnership in the conduct or winding up of the limited partnership's activities as or on behalf of a party having an interest adverse to the limited partnership; and
    3. to refrain from competing with the limited partnership in the conduct or winding up of the limited partnership's activities.
  3. A general partner's duty of care to the limited partnership and the other partners in the conduct and winding up of the limited partnership's activities is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law.
  4. A general partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing.
  5. A general partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the general partner's conduct furthers the general partner's own interests.

History. Acts 2007, No. 15, § 1.

Subchapter 5 — Contributions and Distributions

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Squire Court Partners Ltd. v. Centerline Credit Enhanced Partners LP (In re Squire Court Partners Ltd.), 574 B.R. 701 (E.D. Ark. 2017).
Squire Court Partners Ltd. v. Centerline Credit Enhanced Partners LP (In re Squire Court Partners Ltd.), 574 B.R. 701 (E.D. Ark. 2017). · cites it 2× “Ark. Code Ann. § 4-47-408 . . The default rale under Arkansas’s Uniform Limited Partnership Act differs from Arkansas’s Business Corporation Act of 1987, which states that “[a]ll corporate powers shall be exercised by or under the authority of, and the business and affairs of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.