COMMENT

Note to Uniform Partnership Act This section states the partners' duty of disclosure to the other partners.

Prior Georgia Law There was no precisely comparable provision. This section is generally consistent with the partners' duty of good faith set forth in prior O.C.G.A. § 14-8-40 and with the general duty to communicate in connection with confidential relations and under other appropriate circumstances set forth in O.C.G.A. § 23-2-53. Confidential relations are defined in O.C.G.A. § 23-2-58 to include "the relationship between partners." The duty set forth in § 14-8-20 applies after dissolution of the partnership, as is indicated by the reference to disclosure to the legal representative of any deceased partner.

Official UPA This section differs from the official version in explicitly requiring disclosure without the necessity of a demand; in clarifying that the extent of the required disclosure depends on the circumstances; and in clarifying that the duty to disclose is owed to the legal representative of a disabled partner.

Cross-References Partner's right to examine the partnership books: § 14-8-19. Partner's right to a full accounting of partnership affairs: § 14-8-22.

RESEARCH REFERENCES