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)). 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.