Right to formal accounting of partnership affairs

In addition to the remedies or methods of dispute resolution provided for in the partnership agreement, any partner shall have the right to a formal accounting as to partnership affairs: (1) If he is wrongfully excluded from the partnership business or possession of its property by his copartners; (2) If the right exists under the terms of any agreement; (3) If the right exists under Code Section 14-8-21; or (4) Whenever other circumstances render it just and reasonable. (Code 1981, § 14-8-22, enacted by Ga. L. 1984, p. 1439, § 1.) COMMENT Note to Uniform Partnership Act This section states a partner’s right to obtain a formal pre-dissolution account of all partnership affairs in certain situations. Prior Georgia Law There was no comparable provision. Prior O.C.G.A. § 14-8-41 gave partners the right to inquire into partnership affairs, but did not state that this right included the right to a formal account. With respect to case law supporting the right to an account in situations covered by the various subsections of § 14-8-22, see Zerounis v. Berry, 199 Ga. 410, 34 S.E.2d 275 (1945) (subsection (1)); Giordano v. Kleinmaier, 210 Ga. 766, 82 S.E.2d 824 (1954) (subsection (2)); and Miller & Son v. Freeman, 111 Ga. 654, 36 S.E. 961 (1900) (subsection (4)). 903 14-8-22 CORPORATIONS & PARTNERSHIPS 14-8-22 Official UPA This section is the same as the official version except that it validates agreed procedures other than a formal accounting, including arbitration. Cross-References Partner’s access to partnership books: § 14-8-19. Partner’s right to disclosure of information: § 14-8-20. Settlement of accounts on dissolution: §§ 14-8-38, 14-8-40 and 14-8-42.