Chapter 067

      67.015

See annotations under ORS 67.042.

      67.042

(formerly 67.015)

NOTES OF DECISIONS

      Partnership agreement may provide that decisions outside of ordinary course of business may be made with less than unanimous consent of parties. In re Loverin Ranch, 492 B.R. 545 (Bkrtcy. D. Or. 2013)

      67.055

NOTES OF DECISIONS

      Statutory factors that indicate that persons have entered partnership displace pre-enactment case law that identified partnership characteristics, but do not displace pre-enactment case law that established evidentiary standards for identifying partnership characteristics. Wirth v. Sierra Cascade, LLC, 234 Or App 740, 230 P3d 29 (2010), Sup Ct review denied

      Statutory factors that indicate that persons have entered partnership are not exclusive and may be supplemented. Wirth v. Sierra Cascade, LLC, 234 Or App 740, 230 P3d 29 (2010), Sup Ct review denied

      67.140

NOTES OF DECISIONS

      Notwithstanding this provision, partnership agreement may provide that decisions outside of ordinary course of business may be made with less than unanimous consent of parties. In re Loverin Ranch, 492 B.R. 545 (Bkrtcy. D. Or. 2013)

      67.155

NOTES OF DECISIONS

      Under this section, scope of fiduciary duties of partners requires duties of loyalty and care but does not require partners act as trustee, which involves heightened duties; therefore, partners are not “fiduciaries” within the scope of 11 U.S.C. 523. Chapman v. Bond, 548 B.R. 570 (Bkrtcy. D. Or. 2016)