Mich. Comp. Laws » Michigan Compiled Laws / Chapter 449 / Act 72 of 1917
Michigan Compiled Laws

Mich. Comp. Laws § 449.21 (2026)

Partner; accountability as fiduciary.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

UNIFORM PARTNERSHIP ACT


Act 72 of 1917


449.21 Partner; accountability as fiduciary.

Sec. 21.

    (Partner accountable as a fiduciary).

    (1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property;

    (2) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.

History: 1917, Act 72, Eff. Aug. 10, 1917 ;-- CL 1929, 9861 ;-- CL 1948, 449.21

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1972–2022 · leading case: Tweedie v. Hermoyian (In re Hermoyian), 466 B.R. 348 (Bankr. E.D. Mich. 2012).
Sort: Relevance Newest Treatment
Tweedie v. Hermoyian (In re Hermoyian), 466 B.R. 348 (Bankr. E.D. Mich. 2012). · cites it 20× “” Paragraph 31 then alleges that the Debtor *382 breached his fiduciary duties under Michigan’s Uniform Partnership Act, Mich. Comp. Laws Ann. § 449.21 . This partnership relationship is the only fiduciary capacity alleged in the adversary proceeding complaint.”
Holmes v. Kraus (In Re Kraus), 37 B.R. 126 (Bankr. E.D. Mich. 1984). · cites it 2× “§ 449.21 states: (1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or…”
Urbain v. Beierling, 835 N.W.2d 455 (Mich. Ct. App. 2013). “Under MCL 449.21(1), partners are held accountable as fiduciaries, and “[e]very partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the…”
Band v. Livonia Assocs., 439 N.W.2d 285 (Mich. Ct. App. 1989). “(1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him…”
Clark v. Taylor (In Re Taylor), 58 B.R. 849 (Bankr. E.D. Va. 1986). “1980) with Mich.Comp.Laws Ann. § 449.21. But Clark’s argument is less than persuasive for two reasons.”
Gilroy v. Conway, 391 N.W.2d 419 (Mich. Ct. App. 1986). “21. (1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by…”
Bondy v. Davis, 198 N.W.2d 418 (Mich. Ct. App. 1972). “This is a matter both of statutory law, MCLA 449.21, supra, and the partnership agreement between these parties, which states: "I.”
Stevens Mineral Co. LLP v. Richard C Stevens (Mich. Ct. App. 2022). · cites it 9× “Under the UPA, there are several circumstances in which an accounting may be had as set forth in MCL 449.21, MCL 449.22, and MCL 449.43. Specifically, under the UPA, [a]ny partner shall have the right to a formal account as to partnership affairs: -4- (a) If he is wrongfully…”
Djb Rentals Inc v. Najim Almaliky (Mich. Ct. App. 2017). “” MCL 449.21(1). Plaintiffs argue that the trial court improperly disregarded the testimony and records they produced relating to the accounting of the partnership and the reconciliation of sales records and bank deposits.”
Djb Rentals Inc v. Najim Almaliky (Mich. Ct. App. 2017). “” MCL 449.21(1). Plaintiffs argue that the trial court improperly disregarded the testimony and records they produced relating to the accounting of the partnership and the reconciliation of sales records and bank deposits.”
Kings Lane Gp Inc v. Kings Lane Ltd Dividend Hous. Ass'n (Mich. Ct. App. 2018). “MCL 449.21(1) (“[e]very partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from…”
SunAmerica Hous. Fund 1050 v. Pathway of Pontiac, Inc. (E.D. Mich. 2020). “§ 449.21. Defendants’ interpretation of the statute is unreasonable.”
— Mich. Comp. Laws § 449.21(1) — 5 cases
Urbain v. Beierling, 835 N.W.2d 455 (Mich. Ct. App. 2013). “Under MCL 449.21(1), partners are held accountable as fiduciaries, and “[e]very partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the…”
Stevens Mineral Co. LLP v. Richard C Stevens (Mich. Ct. App. 2022). “Under the UPA, there are several circumstances in which an accounting may be had as set forth in MCL 449.21, MCL 449.22, and MCL 449.43. Specifically, under the UPA, [a]ny partner shall have the right to a formal account as to partnership affairs: -4- (a) If he is wrongfully…”
Djb Rentals Inc v. Najim Almaliky (Mich. Ct. App. 2017). “” MCL 449.21(1). Plaintiffs argue that the trial court improperly disregarded the testimony and records they produced relating to the accounting of the partnership and the reconciliation of sales records and bank deposits.”
Djb Rentals Inc v. Najim Almaliky (Mich. Ct. App. 2017). “” MCL 449.21(1). Plaintiffs argue that the trial court improperly disregarded the testimony and records they produced relating to the accounting of the partnership and the reconciliation of sales records and bank deposits.”
Kings Lane Gp Inc v. Kings Lane Ltd Dividend Hous. Ass'n (Mich. Ct. App. 2018). “MCL 449.21(1) (“[e]very partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from…”
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.