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NC General Statutes

N.C. Gen. Stat. § 59-59 (2026)

Dissolution defined

✓ current as of July 2026
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The dissolution of a partnership is the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on as distinguished from the winding up of the business. (1941, c. 374, s. 29.)

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1975–2023 · leading case: Potter v. Homestead Pres. Ass'n, 412 S.E.2d 1 (N.C. 1992).
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Potter v. Homestead Pres. Ass'n, 412 S.E.2d 1 (N.C. 1992). · cites it 3× “These remedies may include an action for breach of contract or dissolution, winding up, and distribution of partnership assets under North Carolina’s Uniform Partnership Act.”
Baker v. Rushing, 409 S.E.2d 108 (N.C. Ct. App. 1991). · cites it 3× “Assuming arguendo that the merger of the two corporate partners effectively caused a dissolution of the Partnership, see N.C.G.S. § 59-59 (1989) (defining dissolution as “the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on…”
Simmons v. Quick-Stop Food Mart, Inc., 296 S.E.2d 275 (N.C. 1982). · cites it 2× “” N.C. Gen. Stat. § 59-59 (1975). Simmons testified that “[a]fter these conveyances [of 30 June 1976] the partnership was dissolved and the relationship between me and Johnny L.”
Mitchell, Brewer, Richardson, Adams, Burge & Boughman, Pllc v. Brewer, 2009 NCBC 10 (N.C. Bus. Ct. 2009). · cites it 2× “More specifically, they point to G.S. 59-59, which provides that a partnership is dissolved upon one of the partners “ceasing to be associated in the carrying on” of the partnership’s business.”
Hk Corp. v. Chance, 212 S.E.2d 34 (N.C. Ct. App. 1975). “The evidence is clear that the son left the Chance Construction Company partnership, which resulted in the dissolution under G.S. 59-59, and that C.W.C. Enterprises was not a successor partnership.”
O'Neal v. Burley (N.C. Ct. App. 2023). · cites it 4× “” N.C. Gen. Stat. § 59-59 (2021). Dissolution is caused: (1) Without violation of the agreement between the partners, a.”
Hardin v. Lewis, 2016 NCBC 55 (N.C. Bus. Ct. 2016). · cites it 5× “§ 59-52, (6) constructive fraud, (7) constructive trust, (8) unfair and deceptive trade practices, and (9) dissolution and winding up pursuant to G.S. § 59-59, et seq. 8. On June 29, 2015, Plaintiff filed a motion seeking an order prohibiting Defendants from making disbursements…”
Ehp Land Co., Inc. v. Bosher, 2010 NCBC 16 (N.C. Bus. Ct. 2010). · cites it 6× “Plaintiff contends that in the absence of an enforceable provision in the Partnership Agreement governing the procedures for withdrawal by EHP from the Partnership, the North Carolina Uniform Partnership Act ("UPA") controls, and dissolution of HPB is required by G.S. 59-59. 33…”
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