Chapter 1 SPECIAL PARTNERSHIP

Sec.

§ 53-101 — 53-125. Special partnerships. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised (1885, p. 148,§§ 1-25; R.S.,§§ 3270-3294; reen. R.C. & C.L.,§§ 3336-3360; C.S.,§§ 5757-5781; I.C.A.,§§ 52-101 — 52-125) were repealed by S.L. 1982, ch. 106, § 1.

Chapter 2 UNIFORM LIMITED PARTNERSHIP ACT

Part 1. General Provisions

Sec.

Part 2. Formation — Certificate of Limited Partnership and Other Filings

Part 3. Limited Partners

Part 4. General Partners

Part 5. Contributions and Distributions

Part 6. Dissociation

Part 7. Transferable Interests and Rights of Transferees and Creditors

Part 8. Dissolution

Part 9. Foreign Limited Partnerships

Part 10. Actions By Partners

Part 11. Conversion and Merger

Part 12. Miscellaneous Provisions

Part 1 General Provisions

§ 53-2-101 — 53-2-118. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-101 et seq.

STATUTORY NOTES

Prior Laws.

Section 1 of S.L. 2006, ch. 144, repealed former Chapter 2, Limited Partnerships, which consisted of§§ 53-201 — 53-268, and § 2 of S.L. 2006, ch. 144 enacted a new Chapter 2, Uniform Limited Partnerships Act.

Compiler’s Notes.

Title 53, Chapter 2, Part 1, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-101. Short title. [I.C.,§ 53-2-101, as added by 2006, ch. 144, § 2, p. 407.]

53-2-102. Definitions. [I.C.,§ 53-2-102, as added by 2006, ch. 144, § 2, p. 407.]

53-2-103. Knowledge and notice. [I.C.,§ 53-2-103, as added by 2006, ch. 144, § 2, p. 407.]

53-2-104. Nature, purpose and duration of entity. [I.C.,§ 53-2-104, as added by 2006, ch. 144, § 2, p. 407.]

53-2-105. Powers. [I.C.,§ 53-2-105, as added by 2006, ch. 144, § 2, p. 407.]

53-2-106. Governing law. [I.C.,§ 53-2-106, as added by 2006, ch. 144, § 2, p. 407.]

53-2-107. Supplemental principles of law — Rate of interest. [I.C.,§ 53-2-107, as added by 2006, ch. 144, § 2, p. 407.]

53-2-108. Name. [I.C.,§ 53-2-108, as added by 2006, ch. 144, § 2, p. 407; am. 2012, ch. 184, § 2, p. 487.]

53-2-109. Reservation of name. [I.C.,§ 53-2-109, as added by 2006, ch. 144, § 2, p. 407.]

53-2-110. Effect of partnership agreement — Nonwaivable provisions. [I.C.,§ 53-2-110, as added by 2006, ch. 144, § 2, p. 407.]

53-2-111. Required information. [I.C.,§ 53-2-111, as added by 2006, ch. 144, § 2, p. 407.]

53-2-112. Business transactions of partner with partnership. [I.C.,§ 53-2-112, as added by 2006, ch. 144, § 2, p. 407.]

53-2-113. Dual capacity. [I.C.,§ 53-2-113, as added by 2006, ch. 144, § 2, p. 407.]

53-2-114. Registered office and registered agent. [I.C.,§ 53-2-114, as added by 2006, ch. 144, § 2, p. 407, was repealed by S.L. 2007, ch. 314, § 46.] 53-2-115. Change of registered office or registered agent. [I.C.,§ 53-2-115, as added by 2006, ch. 144, § 2, p. 407, was repealed by S.L. 2007, ch. 314, § 46.]

53-2-116. Resignation of registered agent. [I.C.,§ 53-2-116, as added by 2006, ch. 144, § 2, p. 407, was repealed by S.L. 2007, ch. 314, § 46.]

53-2-117. Service of process.[I.C.,§ 53-2-117, as added by 2006, ch. 144, § 2, p. 407, was repealed by S.L. 2007, ch. 314, § 46.]

53-2-118. Consent and proxies of partners. [I.C.,§ 53-2-118, as added by 2006, ch. 144, § 2, p. 407.]

Part 2 Formation — Certificate of Limited Partnership and Other Filings

§ 53-2-201 — 53-2-210. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-201 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 2, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-201. Formation of limited partnership — Certificate of limited partnership. [I.C.,§ 53-2-201, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 47, p. 887.]

53-2-202. Amendment or restatement of certificate. [I.C.,§ 53-2-202, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 48, p. 887.]

53-2-203. Statement of termination. [I.C.,§ 53-2-203, as added by 2006, ch. 144, § 2, p. 407.]

53-2-204. Signing of records. [I.C.,§ 53-2-204, as added by 2006, ch. 144, § 2, p. 407.]

53-2-205. Signing and filing pursuant to judicial order. [I.C.,§ 53-2-205, as added by 2006, ch. 144, § 2, p. 407.]

53-2-206. Delivery to and filing of records by secretary of state — Effective time and date. [I.C.,§ 53-2-206, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 49, p. 887.]

53-2-207. Correcting filed record. [I.C.,§ 53-2-207, as added by 2006, ch. 144, § 2, p. 407.]

53-2-208. Liability for false information in filed record. [I.C.,§ 53-2-208, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 50, p. 887.]

53-2-209. Certificate of existence or authorization. [I.C.,§ 53-2-209, as added by 2006, ch. 144, § 2, p. 407.]

53-2-210. Annual report for secretary of state. [I.C.,§ 53-2-210, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 51, p. 887.]

Part 3 Limited Partners

§ 53-2-301 — 53-2-306. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-301 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 3, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-301. Becoming limited partner. [I.C.,§ 53-2-301, as added by 2006, ch. 144, § 2, p. 407.]

53-2-302. No right or power as limited partner to bind limited partnership. [I.C.,§ 53-2-302, as added by 2006, ch. 144, § 2, p. 407.]

53-2-303. No liability as limited partner for limited partnership obligations. [I.C.,§ 53-2-303, as added by 2006, ch. 144, § 2, p. 407.]

53-2-304. Right of limited partner and former limited partner to information. [I.C.,§ 53-2-304, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 52, p. 887.]

53-2-305. Limited duties of limited partners. [I.C.,§ 53-2-305, as added by 2006, ch. 144, § 2, p. 407.]

53-2-306. Person erroneously believing self to be limited partner. [I.C.,§ 53-2-306, as added by 2006, ch. 144, § 2, p. 407.]

Part 4 General Partners

§ 53-2-401 — 53-3-408. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-401 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 4, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-401. Becoming general partner. [I.C.,§ 53-2-401, as added by 2006, ch. 144, § 2, p. 407.]

53-2-402. General partner agent of limited partnership. [I.C.,§ 53-2-402, as added by 2006, ch. 144, § 2, p. 407.]

53-2-403. Limited partnership liable for general partner’s actionable conduct. [I.C.,§ 53-2-403, as added by 2006, ch. 144, § 2, p. 407.]

53-2-404. General partner’s liability. [I.C.,§ 53-2-404, as added by 2006, ch. 144, § 2, p. 407.]

53-2-405. Actions by and against partnership and partners. [I.C.,§ 53-2-405, as added by 2006, ch. 144, § 2, p. 407.]

53-2-406. Management rights of general partner. [I.C.,§ 53-2-406, as added by 2006, ch. 144, § 2, p. 407.]

53-2-407. Right of general partner and former general partner to information. [I.C.,§ 53-2-407, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 53, p. 887.]

53-2-408. General standards of general partner’s conduct. [I.C.,§ 53-2-408, as added by 2006, ch. 144, § 2, p. 407.]

Part 5 Contributions and Distributions

§ 53-2-501 — 53-2-509. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-501 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 5, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-501. Form of contribution. [I.C.,§ 53-2-501, as added by 2006, ch. 144, § 2, p. 407.]

53-2-502. Liability for contribution. [I.C.,§ 53-2-502, as added by 2006, ch. 144, § 2, p. 407.]

53-2-503. Sharing of distributions. [I.C.,§ 53-2-503, as added by 2006, ch. 144, § 2, p. 407.]

53-2-504. Interim distributions. [I.C.,§ 53-2-504, as added by 2006, ch. 144, § 2, p. 407.]

53-2-505. No distribution on account of dissociation. [I.C.,§ 53-2-505, as added by 2006, ch. 144, § 2, p. 407.]

53-2-506. Distribution in kind. [I.C.,§ 53-2-506, as added by 2006, ch. 144, § 2, p. 407.]

53-2-507. Right to distribution. [I.C.,§ 53-2-507, as added by 2006, ch. 144, § 2, p. 407.]

53-2-508. Limitations on distribution. [I.C.,§ 53-2-508, as added by 2006, ch. 144, § 2, p. 407.]

53-2-509. Liability for improper distributions. [I.C.,§ 53-2-509, as added by 2006, ch. 144, § 2, p. 407.]

Part 6 Dissociation

§ 53-2-601 — 53-2-607. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-601 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 6, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-601. Dissociation as limited partner. [I.C.,§ 53-2-601, as added by 2006, ch. 144, § 2, p. 407.]

53-2-602. Effect of dissociation as limited partner. [I.C.,§ 53-2-602, as added by 2006, ch. 144, § 2, p. 407.]

53-2-603. Dissociation as general partner. [I.C.,§ 53-2-603, as added by 2006, ch. 144, § 2, p. 407.]

53-2-604. Person’s power to dissociate as general partner — Wrongful dissociation. [I.C.,§ 53-2-604, as added by 2006, ch. 144, § 2, p. 407.]

53-2-605. Effect of dissociation as general partner. [I.C.,§ 53-2-605, as added by 2006, ch. 144, § 2, p. 407.]

53-2-606. Power to bind and liability to limited partnership before dissolution of partnership of person dissociated as general partner. [I.C.,§ 53-2-606, as added by 2006, ch. 144, § 2, p. 407.]

53-2-607. Liability to other persons of person dissociated as general partner. [I.C.,§ 53-2-607, as added by 2006, ch. 144, § 2, p. 407.]

Part 7 Transferable Interests and Rights of Transferees and Creditors

§ 53-2-701 — 53-2-704. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-701 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 7, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-701. Partner’s transferable interest. [I.C.,§ 53-2-701, as added by 2006, ch. 144, § 2, p. 407.]

53-2-702. Transfer of partner’s transferable interest. [I.C.,§ 53-2-702, as added by 2006, ch. 144, § 2, p. 407.]

53-2-703. Rights of creditor of partner or transferee. [I.C.,§ 53-2-703, as added by 2006, ch. 144, § 2, p. 407.]

53-2-704. Power of estate of deceased partner. [I.C.,§ 53-2-704, as added by 2006, ch. 144, § 2, p. 407.]

Part 8 Dissolution

§ 53-2-801 — 53-2-812. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-801 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 8, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-801. Nonjudicial dissolution. [I.C.,§ 53-2-801, as added by 2006, ch. 144, § 2, p. 407.]

53-2-802. Judicial dissolution. [I.C.,§ 53-2-802, as added by 2006, ch. 144, § 2, p. 407.] Annotations

53-2-803. Winding up. [I.C.,§ 53-2-803, as added by 2006, ch. 144, § 2, p. 407.]

53-2-804. Power of general partner and person dissociated as general partner to bind partnership after dissolution. [I.C.,§ 53-2-804, as added by 2006, ch. 144, § 2, p. 407.]

53-2-805. Liability after dissolution of general partner and person dissociated as general partner to limited partnership, other general partners, and persons dissociated as general partner. [I.C.,§ 53-2-805, as added by 2006, ch. 144, § 2, p. 407.]

53-2-806. Known claims against dissolved limited partnership. [I.C.,§ 53-2-806, as added by 2006, ch. 144, § 2, p. 407.]

53-2-807. Other claims against dissolved limited partnership. [I.C.,§ 53-2-807, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 54, p. 887.]

53-2-808. Liability of general partner and person dissociated as general partner when claim against limited partnership barred. [I.C.,§ 53-2-808, as added by 2006, ch. 144, § 2, p. 407.]

53-2-809. Administrative dissolution. [I.C.,§ 53-2-809, as added by 2006, ch. 144, § 2, p. 407.]

53-2-810. Reinstatement following administrative dissolution. [I.C.,§ 53-2-810, as added by 2006, ch. 144, § 2, p. 407.]

53-2-811. Appeal from denial of reinstatement. [I.C.,§ 53-2-811, as added by 2006, ch. 144, § 2, p. 407.]

53-2-812. Disposition of assets — When contributions required. [I.C.,§ 53-2-812, as added by 2006, ch. 144, § 2, p. 407.]

Part 9 Foreign Limited Partnerships

§ 53-2-901 — 53-2-908. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-21-501 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 9, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-901. Governing law. [I.C.,§ 53-2-901, as added by 2006, ch. 144, § 2, p. 407.]

53-2-902. Application for certificate of authority. [I.C.,§ 53-2-902, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 55, p. 887.]

53-2-903. Activities not constituting transacting business. [I.C.,§ 53-2-903, as added by 2006, ch. 144, § 2, p. 407.]

53-2-904. Filing of certificate of authority. [I.C.,§ 53-2-904, as added by 2006, ch. 144, § 2, p. 407.]

53-2-905. Noncomplying name of foreign limited partnership. [I.C.,§ 53-2-905, as added by 2006, ch. 144, § 2, p. 407.]

53-2-906. Revocation of certificate of authority. [I.C.,§ 53-2-906, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 56, p. 887.]

53-2-907. Cancellation of certificate of authority - Effect of failure to have certificate. [I.C.,§ 53-2-907, as added by 2006, ch. 144, § 2, p. 407.]

53-2-908. Action by attorney general. [I.C.,§ 53-2-908, as added by 2006, ch. 144, § 2, p. 407.]

Part 10 Actions By Partners

§ 53-2-1001 — 53-2-1005. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-24-901 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 10, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-1001. Direct action by partner. [I.C.,§ 53-2-1001, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1002. Derivative action. [I.C.,§ 53-2-1002, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1003. Proper plaintiff. [I.C.,§ 53-2-1003, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1004. Pleading. [I.C.,§ 53-2-1004, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1005. Proceeds and expenses. [I.C.,§ 53-2-1005, as added by 2006, ch. 144, § 2, p. 407.]

Part 11 Conversion and Merger

§ 53-2-1100 — 53-2-1113. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-22-201 et seq. and§ 30-22-401 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 11, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-1100. Applicability of Idaho entity transactions act. [I.C.,§ 53-2-1100, as added by 2007, ch. 116, § 8, p. 333.]

53-2-1101. Definitions. [I.C.,§ 53-2-1101, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1102. Conversion. [I.C.,§ 53-2-1102, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1103. Action on plan of conversion by converting limited partnership. [I.C.,§ 53-2-1103, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1104. Filings required for conversion — Effective date. [I.C.,§ 53-2-1104, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 57, p. 887.]

53-2-1105. Effect of conversion. [I.C.,§ 53-2-1105, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 58, p. 887.]

53-2-1106. Merger. [I.C.,§ 53-2-1106, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1107. Action on plan of merger by constituent limited partnership. [I.C.,§ 53-2-1107, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1108. Filings required for merger — Effective date. [I.C.,§ 53-2-1108, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 59, p. 887.]

53-2-1109. Effect of merger. [I.C.,§ 53-2-1109, as added by 2006, ch. 144, § 2, p. 407; am. 2007, ch. 314, § 60, p. 887.]

53-2-1110. Restrictions on approval of conversions and mergers and on relinquishing LLLP status. [I.C.,§ 53-2-1110, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1111. Liability of general partner after conversion or merger. Liability of general partner after conversion or merger

53-2-1112. Power of general partners and persons dissociated as general partners to bind organization after conversion or merger. [I.C.,§ 53-2-1112, as added by 2006, ch. 144, § 2, p. 407.] Annotations

53-2-1113. Part not exclusive. [I.C.,§ 53-2-1113, as added by 2006, ch. 144, § 2, p. 407.]

Part 12 Miscellaneous Provisions

§ 53-2-1201 — 53-2-1205. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-21-701 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 2, Part 12, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 4, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-2-1201. Uniformity of application and construction. [I.C.,§ 53-2-1201, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1202. Severability clause. [I.C.,§ 53-2-1202, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1203. Relation to electronic signatures in global and national commerce act. [I.C.,§ 53-2-1203, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1204. Application to existing relationships. [I.C.,§ 53-2-1204, as added by 2006, ch. 144, § 2, p. 407.]

53-2-1205. Savings clause. [I.C.,§ 53-2-1205, as added by 2006, ch. 144, § 2, p. 407.]

Chapter 3 UNIFORM PARTNERSHIP ACT

Part 1. General Provisions

Sec.

Part 2. Nature of Partnership

Part 3. Relations of Partners to Persons Dealing with Partnership

Part 4. Relations of Partners to Each Other and to Partnership

Part 5. Transferees and Creditors of Partner

Part 6. Partner’s Dissociation

Part 7. Partner’s Dissociation When Business not Wound Up

Part 8. Winding Up Partnership Business

Part 9. Conversions and Mergers

Part 10. Limited Liability Partnership

53-3-1001 — 53-3-1003A. [Repealed.]

Part 11. Foreign Limited Liability Partnership

Part 12. Miscellaneous Provisions

Part 1 General Provisions

§ 53-3-101 — 53-3-107. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-101 et seq.

STATUTORY NOTES

Prior Laws.

Former Title 53, Chapter 3, Uniform Partnership Law, which consisted of§§ 53-301 — 53-343C, were repealed effective July 1, 2001, pursuant to S.L. 1998, ch. 65, §§ 1 and 3:

53-301, which comprised as 1919, ch. 154, § 1, p. 493; C.S., § 5813; I.C.A.,§ 52-301.

53-302, which comprised as 1919, ch. 154, § 2, p. 493; C.S., § 5814; I.C.A.,§ 52-302; am. 1935, ch. 29, § 1, p. 52; am. 1995, ch. 92, § 1, p. 263.

53-303, which comprised as 1919, ch. 154, § 3, p. 493; C.S., § 5815; I.C.A.,§ 52-303.

53-304, which comprised as 1919, ch. 154, § 4, p. 493; C.S., § 5816; I.C.A.,§ 52-304.

53-305, which comprised as 1919, ch. 154, § 5, p. 493; C.S., § 5817; I.C.A.,§ 52-305.

53-306, which comprised as 1919, ch. 154, § 6, p. 493; C.S., § 5818; I.C.A.,§ 52-306; am. 1995, ch. 92, § 2, p. 263.

53-307, which comprised as 1919, ch. 154, § 7, p. 493; C.S., § 5819; I.C.A.,§ 52-307.

53-308, which comprised as 1919, ch. 154, § 8, p. 493; C.S., § 5820; I.C.A.,§ 52-308.

53-309, which comprised as 1919, ch. 154, § 9, p. 493; C.S., § 5821; I.C.A.,§ 52-309.

53-310, which comprised as 1919, ch. 154, § 10, p. 493; C.S., § 5822; I.C.A.,§ 52-310.

53-311, which comprised as 1919, ch. 154, § 11, p. 493; C.S., § 5823; I.C.A.,§ 53-311.

53-312, which comprised as 1919, ch. 154, § 12, p. 493; C.S., § 5824; I.C.A.,§ 52-312.

53-313, which comprised as 1919, ch. 154, § 13, p. 493; C.S., § 5825; I.C.A.,§ 52-313.

53-314, which comprised as 1919, ch. 154, § 14, p. 493; C.S., § 5826; I.C.A.,§ 52-314.

53-315, which comprised as 1919, ch. 154, § 15, p. 493; C.S., § 5827; I.C.A.,§ 52-315; am. 1995, ch. 92, § 3, p. 263.

53-316, which comprised as 1919, ch. 154, § 16, p. 493; C.S., § 5828; I.C.A.,§ 52-316.

53-317, which comprised as 1919, ch. 154, § 17, p. 493; C.S., § 5829; I.C.A.,§ 52-317.

53-318, which comprised as 1919, ch. 154, § 18, p. 493; C.S., § 5830; I.C.A.,§ 52-318; am. 1995, ch. 92, § 4, p. 263.

53-319, which comprised as 1919, ch. 154, § 19, p. 493; C.S., § 5831; I.C.A.,§ 52-319.

53-320, which comprised as 1919, ch. 154, § 20, p. 493; C.S., § 5832; I.C.A.,§ 52-320.

53-321, which comprised as 1919, ch. 154, § 21, p. 493; C.S., § 5833; I.C.A.,§ 52-321.

53-322, which comprised as 1919, ch. 154, § 22, p. 493; C.S., § 5834; I.C.A.,§ 52-322. 53-323, which comprised as 1919, ch. 154, § 23, p. 493; C.S., § 5835; I.C.A.,§ 52-323.

53-324, which comprised as 1919, ch. 154, § 24, p. 493; C.S., § 5836; I.C.A.,§ 52-324.

53-325, which comprised as 1919, ch. 154, § 25, p. 493; C.S., § 5837; I.C.A.,§ 52-325.

53-326, which comprised as 1919, ch. 154, § 26, p. 493; C.S., § 5838; I.C.A.,§ 52-326.

53-327, which comprised as 1919, ch. 154, § 27, p. 493; C.S., § 5839; I.C.A.,§ 52-327.

53-328, which comprised as 1919, ch. 154, § 28, p. 493; C.S., § 5840; I.C.A.,§ 52-328.

53-329, which comprised as 1919, ch. 154, § 29, p. 493; C.S., § 5841; I.C.A.,§ 52-329.

53-330, which comprised as 1919, ch. 154, § 30, p. 493; C.S., § 5842; I.C.A.,§ 52-330.

53-331, which comprised as 1919, ch. 154, § 31, p. 493; C.S., § 5843; I.C.A.,§ 52-331.

53-332, which comprised as 1919, ch. 154, § 32, p. 493; C.S., § 5844; I.C.A.,§ 52-332.

53-333, which comprised as 1919, ch. 154, § 33, p. 493; C.S., § 5845; I.C.A.,§ 52-333; am. 1995, ch. 92, § 5, p. 263.

53-334, which comprised as 1919, ch. 154, § 34, p. 493; C.S., § 5846; I.C.A.,§ 52-334; am. 1995, ch. 92, § 5, p. 263.

53-335, which comprised as 1919, ch. 154, § 35, p. 493; C.S., § 5847; I.C.A.,§ 52-335.

53-336, which comprised as 1919, ch. 154, § 36, p. 493; C.S., § 5848; I.C.A.,§ 52-336; am. 1995, ch. 92, § 6, p. 263.

53-337, which comprised as 1919, ch. 154, § 37, p. 493; C.S., § 5849; I.C.A.,§ 52-337.

53-338, which comprised as 1919, ch. 154, § 38, p. 493; C.S., § 5850; I.C.A.,§ 52-338.

53-339, which comprised as 1919, ch. 154, § 39, p. 493; C.S., § 5851; I.C.A.,§ 52-339.

53-340, which comprised as 1919, ch. 154, § 40, p. 493; C.S., § 5852; I.C.A.,§ 52-340; am. 1995, ch. 92, § 7, p. 263.

53-341, which comprised as 1919, ch. 154, § 41, p. 493; C.S., § 5853; I.C.A.,§ 52-341.

53-342, which comprised as 1919, ch. 154, § 42, p. 493; C.S., § 5854; I.C.A.,§ 52-342.

53-343, which comprised as 1919, ch. 154, § 43, p. 493; C.S., § 5855; I.C.A.,§ 52-343.

53-343A, which comprised as I.C.,§ 53-343A, as added by 1995, ch. 92, § 8, p. 263; am. 1997, ch. 151, § 4, p. 429.

53-343B, which comprised as I.C.,§ 53-343B, as added by 1995, ch. 92, § 9, p. 263.

53-343C, which comprised as I.C.,§ 53-343C, as added by 1995, ch. 92, § 10, p. 263.

Compiler’s Notes.

Title 53, Chapter 3, Part 1, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-101. Definitions. [I.C.,§ 53-3-101, as added by 1998, ch. 65, § 2, p. 226; am. 2007, ch. 116, § 9, p. 333; am. 2007, ch. 314, § 61, p. 887.]

53-3-102. Knowledge and notice. [I.C.,§ 53-3-102, as added by 1998, ch. 65, § 2, p. 226.]

53-3-103. Effect of partnership agreement — Nonwaivable provisions. [I.C.,§ 53-3-103, as added by 1998, ch. 65, § 2, p. 226.]

53-3-104. Supplemental principles of law. [I.C.,§ 53-3-104, as added by 1998, ch. 65, § 2, p. 226.]

53-3-105. Execution and filing of statements. [I.C.,§ 53-3-105, as added by 1998, ch. 65, § 2, p. 226.]

53-3-105A. . Fees. [I.C.,§ 53-3-105A, as added by 1998, ch. 65, § 2, p. 226.]

53-3-106. Governing law. [I.C.,§ 53-3-106, as added by 1998, ch. 65, § 2, p. 226.]

53-3-107. Partnership subject to amendment or repeal of act. [I.C.,§ 53-3-107, as added by 1998, ch. 65, § 2, p. 226.]

Part 2 Nature of Partnership

§ 53-3-201 — 53-2-204. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-201 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 2, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-201. Partnership as entity. [I.C.,§ 53-3-201, as added by 1998, ch. 65, § 2, p. 226.]

53-3-202. Formation of partnership. [I.C.,§ 53-3-202, as added by 1998, ch. 65, § 2, p. 226.]

53-3-203. Partnership property. [I.C.,§ 53-3-203, as added by 1998, ch. 65, § 2, p. 226.]

53-3-204. When property is partnership property. [I.C.,§ 53-3-204, as added by 1998, ch. 65, § 2, p. 226.]

Part 3 Relations of Partners to Persons Dealing with Partnership

§ 53-3-301 — 53-3-308. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-301 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 3, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-301. Partner agent of partnership. [I.C.,§ 53-3-301, as added by 1998, ch. 65, § 2, p. 226.]

53-3-302. Transfer of partnership property. [I.C.,§ 53-3-302, as added by 1998, ch. 65, § 2, p. 226.]

53-3-303. Statement of partnership authority. [I.C.,§ 53-3-303, as added by 1998, ch. 65, § 2, p. 226; am. 2000, ch. 325, § 4, p. 1095.]

53-3-304. Statement of denial. [I.C.,§ 53-3-304, as added by 1998, ch. 65, § 2, p. 226.]

53-3-305. Partnership liable for partner’s actionable conduct. [I.C.,§ 53-3-305, as added by 1998, ch. 65, § 2, p. 226.]

53-3-306. Partner’s liability. [I.C.,§ 53-3-306, as added by 1998, ch. 65, § 2, p. 226.]

53-3-307. Actions by and against partnership and partners. [I.C.,§ 53-3-307, as added by 1998, ch. 65, § 2, p. 226.]

53-3-308. Liability of purported partner. [I.C.,§ 53-3-308, as added by 1998, ch. 65, § 2, p. 226.]

Part 4 Relations of Partners to Each Other and to Partnership

§ 53-3-401 — 53-3-406. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-401 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 4, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-401. Partner’s rights and duties. [I.C.,§ 53-3-401, as added by 1998, ch. 65, § 2, p. 226.]

53-3-402. Distributions in kind. [I.C.,§ 53-3-402, as added by 1998, ch. 65, § 2, p. 226.]

53-3-403. Partner’s rights and duties with respect to information. [I.C.,§ 53-3-403, as added by 1998, ch. 65, § 2, p. 226.]

53-3-404. General standards of partner’s conduct. [I.C.,§ 53-3-404, as added by 1998, ch. 65, § 2, p. 226.]

53-3-405. Actions by partnership and partners. [I.C.,§ 53-3-405, as added by 1998, ch. 65, § 2, p. 226.]

53-3-406. Continuation of partnership beyond definite term or particular undertaking. [I.C.,§ 53-3-406, as added by 1998, ch. 65, § 2, p. 226.]

Part 5 Transferees and Creditors of Partner

§ 53-3-501 — 53-3-504. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-501 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 5, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-501. Partner not co-owner of partnership property. [I.C.,§ 53-3-501, as added by 1998, ch. 65, § 2, p. 226.]

53-3-502. Partner’s transferable interest in partnership. [I.C.,§ 53-3-502, as added by 1998, ch. 65, § 2, p. 226.]

53-3-503. Transfer of partner’s transferable interest. [I.C.,§ 53-3-503, as added by 1998, ch. 65, § 2, p. 226.]

53-3-504. Partner’s transferable interest subject to charging order. [I.C.,§ 53-3-504, as added by 1998, ch. 65, § 2, p. 226.]

Part 6 Partner’s Dissociation

§ 53-3-601 — 53-3-603. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-601 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 6, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-601. Events causing partner’s dissociation. [I.C.,§ 53-3-601, as added by 1998, ch. 65, § 2, p. 226.]

53-3-602. Partner’s power to dissociate — Wrongful dissociation. [I.C.,§ 53-3-602, as added by 1998, ch. 65, § 2, p. 226.]

53-3-603. Effect of partner’s dissociation. [I.C.,§ 53-3-603, as added by 1998, ch. 65, § 2, p. 226.]

Part 7 Partner’s Dissociation When Business not Wound Up

§ 53-3-701 — 53-3-705. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-701 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 7, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-701. Purchase of dissociated partner’s interest. [I.C.,§ 53-3-701, as added by 1998, ch. 65, § 2, p. 226.]

53-3-701A. Dissolution within ninety days after dissociation. [I.C.,§ 53-3-701A, as added by 1998, ch. 65, § 2, p. 226.]

53-3-702. Dissociated partner’s power to bind and liability to partnership. [I.C.,§ 53-3-702, as added by 1998, ch. 65, § 2, p. 226.]

53-3-703. Dissociated partner’s liability to other persons. [I.C.,§ 53-3-703, as added by 1998, ch. 65, § 2, p. 226.]

53-3-704. Statement of dissociation. [I.C.,§ 53-3-704, as added by 1998, ch. 65, § 2, p. 226; am. 2000, ch. 123, § 1, p. 290.]

53-3-705. Continued use of partnership name. [I.C.,§ 53-3-705, as added by 1998, ch. 65, § 2, p. 226.]

Part 8 Winding Up Partnership Business

§ 53-3-801 — 53-3-807. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-801 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 8, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-801. Events causing dissolution and winding up of partnership business. [I.C.,§ 53-3-801, as added by 1998, ch. 65, § 2, p. 226.]

53-3-802. Partnership continues after dissolution. [I.C.,§ 53-3-802, as added by 1998, ch. 65, § 2, p. 226.]

53-3-803. Right to wind up partnership business. [I.C.,§ 53-3-803, as added by 1998, ch. 65, § 2, p. 226.]

53-3-804. Partner’s power to bind partnership after dissolution. [I.C.,§ 53-3-804, as added by 1998, ch. 65, § 2, p. 226.]

53-3-805. Statement of dissolution. [I.C.,§ 53-3-805, as added by 1998, ch. 65, § 2, p. 226; am. 2000, ch. 123, § 2, p. 290.]

53-3-806. Partner’s liability to other partners after dissolution. [I.C.,§ 53-3-806, as added by 1998, ch. 65, § 2, p. 226.]

53-3-807. Settlement of accounts and contributions among partners. [I.C.,§ 53-3-807, as added by 1998, ch. 65, § 2, p. 226.]

Part 9 Conversions and Mergers

§ 53-3-901 — 53-3-908. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-22-201 et seq. and§ 30-22-401 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 9, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-901. Definitions. [I.C.,§ 53-3-901, as added by 1998, ch. 65, § 2, p. 226.]

53-3-901A. Applicability of Idaho entity transactions act. [I.C.,§ 53-3-901A, as added by 2007, ch. 116, § 10, p. 333.]

53-3-902. Conversion of partnership to limited partnership. [I.C.,§ 53-3-902, as added by 1998, ch. 65, § 2, p. 226.]

53-3-903. Conversion of limited partnership to partnership. [I.C.,§ 53-3-903, as added by 1998, ch. 65, § 2, p. 226.]

53-3-904. Effect of conversion — Entity unchanged. [I.C.,§ 53-3-904, as added by 1998, ch. 65, § 2, p. 226.]

53-3-905. Merger of partnerships. [I.C.,§ 53-3-905, as added by 1998, ch. 65, § 2, p. 226.]

53-3-906. Effect of merger. [I.C.,§ 53-3-906, as added by 1998, ch. 65, § 2, p. 226.]

53-3-907. Statement of merger. [I.C.,§ 53-3-907, as added by 1998, ch. 65, § 2, p. 226.]

53-3-908. Nonexclusive. [I.C.,§ 53-3-908, as added by 1998, ch. 65, § 2, p. 226.]

Part 10 Limited Liability Partnership

§ 53-3-1001 — 53-3-1003A. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-23-901 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 10, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-1001. Statement of qualification. [I.C.,§ 53-3-1001, as added by 1998, ch. 65, § 2, p. 226; am. 2007, ch. 314, § 62, p. 887.]

53-3-1001A. Consolidated statement of partnership authority and qualification. [I.C.,§ 53-3-1001A, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1001B. Change of registered agent. [I.C.,§ 53-3-1001B, as added by 1998, ch. 65, § 2, p. 226; am. 2000, ch. 124, § 8, p. 291.]

53-3-1002. Name. [I.C.,§ 53-3-1002, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1003. Annual report. [I.C.,§ 53-3-1003, as added by 1998, ch. 65, § 2, p. 226; am. 2003, ch. 207, § 4, p. 550; am. 2005, ch. 274, § 4, p. 842; am. 2007, ch. 314, § 63, p. 887.]

53-3-1003A. Revocation of statement of qualification. [I.C.,§ 53-3-1003A, as added by 1998, ch. 65, § 2, p. 226; am. 2003, ch. 207, § 5, p. 550.]

Part 11 Foreign Limited Liability Partnership

§ 53-3-1101 — 53-3-1105. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-21-501 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 11, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-1101. Law governing foreign limited liability partnership. [I.C.,§ 53-3-1101, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1102. Statement of foreign qualification. [I.C.,§ 53-3-1102, as added by 1998, ch. 65, § 2, p. 226; am. 2007, ch. 314, § 64, p. 885.]

53-3-1103. Effect of failure to qualify. [I.C.,§ 53-3-1103, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1104. Activities not constituting transacting business. [I.C.,§ 53-3-1104, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1105. Action by attorney general. [I.C.,§ 53-3-1105, as added by 1998, ch. 65, § 2, p. 226.]

Part 12 Miscellaneous Provisions

§ 53-3-1201 — 53-3-1205. [Repealed.]

Repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017. For present comparable provisions, see§ 30-21-701 et seq.

STATUTORY NOTES

Compiler’s Notes.

Title 53, Chapter 3, Part 12, which comprised the following sections, was repealed by S.L. 2015, ch. 243, § 5, as amended by S.L. 2015, ch. 337, § 4, effective July 1, 2017.

53-3-1201. Uniformity of application and construction. [I.C.,§ 53-3-1201, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1202. Short title. [I.C.,§ 53-3-1202, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1203. Severability clause. [I.C.,§ 53-3-1203, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1204. Applicability. [I.C.,§ 53-3-1204, as added by 1998, ch. 65, § 2, p. 226.]

53-3-1205. Savings clause. [I.C.,§ 53-3-1205, as added by 1998, ch. 65, § 2, p. 226.]

Chapter 4 MINING PARTNERSHIP

Sec.

§ 53-401. When mining partnership exists.

A mining partnership exists when two (2) or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom, actually engage in working the same.

History.

R.S., § 3300; reen. R.C. & C.L., § 3361; C.S., § 5856; I.C.A.,§ 52-401.

STATUTORY NOTES

Cross References.

Mines and mining, title 47, Idaho Code.

CASE NOTES

Formation and Nature of Partnership.

It is not necessary that all co-owners in claim shall be engaged in working it, either together or separately, in order to constitute a mining partnership. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 241, 28 P. 433 (1891).

Parties who acquire a mine for purpose of working it and actually engage in working same comprise a mining partnership although they do not own the same. Haskins v. Curran, 4 Idaho 573, 43 P. 559 (1895).

To constitute mining partnership it is essential that co-owners actually engage in working mine or in business of operating it; the cotenancy of two or more persons in a mining claim is not of itself sufficient to constitute such tenants mining partners. Madar v. Norman, 13 Idaho 585, 92 P. 572 (1907).

It is not essential that all tenants join in the working or business of mining in order to establish mining partnership; that relation may be established among such co-owners as have actually engaged in the working or mining operation; those not so engaged will be left to their right and be chargeable by their duties as cotenants only. Madar v. Norman, 13 Idaho 585, 92 P. 572 (1907).

A mining partnership differs from an ordinary one in that it is formed without any express agreement between the parties and exists from joint ownership in a mine and working the same. One partner may sell his interest without consent of the others, or die, and the partnership is not dissolved. A new owner may purchase an interest in the mine, or inherit it, and he becomes a mining partner in the working thereof. It differs from an ordinary partnership in another respect also, in that the majority in interest have the right to control the method of working and the means to be employed. In these respects and in its continuity, it resembles a private corporation. Albertini v. Hull Lease, 54 Idaho 30, 28 P.2d 205 (1933).

§ 53-402. Express agreement not necessary.

An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership. The relation arises from the ownership of shares or interest in the mine and working the same for the purpose of extracting the minerals therefrom.

History.

R.S., § 3301; reen. R.C. & C.L., § 3362; C.S., § 5857; I.C.A.,§ 52-402.

CASE NOTES

Necessity for Agreement.

Mining partnership exists without any agreement, either express or implied, and relation differs in this from that of tenants in common. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 241, 28 P. 433 (1891).

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-403. Sharing profits and losses.

A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he owns in the mine, bears to the whole partnership capital or whole number of shares.

History.

R.S., § 3302; reen. R.C. & C.L., § 3363; C.S., § 5858; I.C.A.,§ 52-403.

CASE NOTES

Rights of Majority.

Those owning a majority of shares or interests in mining partnership have the right to control its methods of working; therefore, majority owner of shares in mining partnership is entitled to an injunction to restrain other partners from working claim except in the manner directed by him. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 241, 28 P. 433 (1891).

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-404. Lien of partners and creditors.

Each member of a mining partnership has a lien on the partnership property for the debts due to the creditors thereof, and for money advanced by him for its use. A lien exists in favor of the creditors notwithstanding there is an agreement among the partners that it must not.

History.

R.S., § 3303; reen. R.C. & C.L., § 3364; C.S., § 5859; I.C.A.,§ 52-404.

STATUTORY NOTES

Cross References.

Protection of creditor’s lien on unpatented claim pending foreclosure,§§ 47-1101, 47-1102.

CASE NOTES

Cited

Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-405. Mine partnership property.

The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property.

History.

R.S., § 3304; reen. R.C. & C.L., § 3365; C.S., § 5860; I.C.A.,§ 52-405.

CASE NOTES

Mining Ground.

Mining ground is partnership property, whether purchased with partnership or individual funds. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 241, 28 P. 433 (1891).

Rights of Majority.

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-406. Sale of interest by partner.

One of the partners in a mining partnership may convey his interest in the mine and business without dissolving the partnership. The purchaser, from the date of his purchase, becomes a member of the partnership.

History.

R.S., § 3305; reen. R.C. & C.L., § 3366; C.S., § 5861; I.C.A.,§ 52-406.

CASE NOTES

Rights of Majority.

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-407. Liability of purchaser for partners’ liens for debts and advancements.

A purchaser of an interest in the mining ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the benefit of the partnership unless he purchased in good faith, for a valuable consideration, without notice of such lien.

History.

R.S., § 3306; reen. R.C. & C.L., § 3367; C.S., § 5862; I.C.A.,§ 52-407.

CASE NOTES

Rights of Majority.

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-408. Liability of purchaser for liens resulting from relation of partners to each other.

A purchaser of the interest of a partner in a mine when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other and to the creditors of the partnership.

History.

R.S., § 3307; reen. R.C. & C.L., § 3368; C.S., § 5863; I.C.A.,§ 52-408.

CASE NOTES

Rights of Majority.

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-409. Members cannot bind partnership.

No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership except by express authority derived from the members thereof.

History.

R.S., § 3308; reen. R.C. & C.L., § 3369; C.S., § 5864; I.C.A.,§ 52-409.

CASE NOTES

Rights of Majority.

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-410. Majority of shares governs.

The decision of the members, owning a majority of the shares or interests in a mining partnership, binds it in the conduct of its business.

History.

R.S., § 3309; reen. R.C. & C.L., § 3370; C.S., § 5865; I.C.A.,§ 52-410.

CASE NOTES

Nature of Partnership.

It is not essential that all tenants join in the working or business of mining in order to establish mining partnership; that relation may be established among such co-owners as have actually engaged in the working or mining operation; those not so engaged will be left to their right and be chargeable by their duties as cotenants only. Madar v. Norman, 13 Idaho 585, 92 P. 572 (1907).

Rights of Majority.

Those owning a majority of shares or interests in mining partnership have the right to control its methods of working; therefore, majority owner of shares in mining partnership is entitled to an injunction to restrain other partners from working claim except in the manner directed by him. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 241, 28 P. 433 (1891).

Minority owner has the right to inspect property to ascertain its value and methods in use for working the same, so far as may be necessary for protection of his interest and to enable him to dispose of the same, but he cannot work it against protest of majority owners. Hawkins v. Spokane Hydraulic Mining Co., 3 Idaho 650, 33 P. 40 (1893).

§ 53-411. Partnership contracts may be recorded.

Written contracts relating to prospecting or mining, or the formation of copartnership for that purpose, when signed by the parties thereto and indorsed by at least one witness, may be recorded in the office of the county recorder of the county wherein it is proposed to prosecute the business of said copartnership, or where the property affected by such contract is situated.

History.

1899, p. 366, § 1; reen. R.C. & C.L., § 3371; C.S., § 5866; I.C.A.,§ 52-411.

§ 53-412. Record constructive notice.

Such record shall be constructive notice to all persons of the matters contained in such contract or copartnership agreement.

History.

1899, p. 366, § 2; reen. R.C. & C.L., § 3372; C.S., § 5867; I.C.A.,§ 52-412.

Chapter 5 ASSUMED BUSINESS NAMES

Sec.

§ 53-501. Short title. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-801.

History.

I.C.,§ 53-501, as added by 1996, ch. 218, § 2, p. 718.

STATUTORY NOTES

Prior Laws.

Former§ 53-501, which comprised 1921, ch. 212, § 1, p. 424; I.C.A.,§ 52-501, was repealed by S.L. 1996, ch. 218, § 1, effective January 1, 1997.

§ 53-502. Purpose. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-802.

History.

I.C.,§ 53-502, as added by 1996, ch. 218, § 2, p. 718.

STATUTORY NOTES

Prior Laws.

Former§ 53-502, which comprised 1921, ch. 212, § 2, p. 424; I.C.A.,§ 52-502, was repealed by S.L. 1996, ch. 218, § 1, effective January 1, 1997.

§ 53-503. Definitions. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-803.

History.

I.C.,§ 53-503, as added by 1996, ch. 218, § 2, p. 718; am. 1997, ch. 133, § 1, p. 400; am. 2005, ch. 272, § 4, p. 836.

STATUTORY NOTES

Prior Laws.

Former§ 53-503, which was compiled as 1921, ch. 212, § 2, p. 424; I.C.A.,§ 52-502, was repealed by S.L. 1996, ch. 218, § 1, effective January 1, 1997.

§ 53-504. Filing of certificate required. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-805.

History.

I.C.,§ 53-504, as added by 1996, ch. 218, § 2, p. 718.

STATUTORY NOTES

Prior Laws.

Former§ 53-504, which comprised 1921, ch. 212, § 4, p. 424; I.C.A.,§ 52-504; 1994, ch. 405, § 8, p. 1272; 1995, ch. 92, § 11, p. 263, was repealed by S.L. 1996, ch. 218, § 1, effective January 1, 1997.

§ 53-505. Contents of certificate. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-806.

History.

I.C.,§ 53-505, as added by 1996, ch. 218, § 2, p. 718.

STATUTORY NOTES

Prior Laws.

Former§ 53-505, which comprised 1921, ch. 212, § 5, p. 424; I.C.A.,§ 52-505; am. 1951, ch. 251, § 6, p. 540; am. 1959, ch. 72, § 6, p. 157; am. 1981, ch. 294, § 1, p. 614; am. 1982, ch. 208, § 1, p. 571; am 1989, ch. 12, § 2, p. 13, was repealed by S.L. 1996, ch. 218, § 1, effective January 1, 1997.

§ 53-506. Effect of filing — Duration

Continuation. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-807.

History.

I.C.,§ 53-506, as added by 1996, ch. 218, § 2, p. 718; am. 2003, ch. 223, § 1, p. 575.

STATUTORY NOTES

Prior Laws.

Former§ 53-506, which comprised 1921, ch. 212, § 6, p. 424; I.C.A.,§ 52-506, was repealed by S.L. 1996, ch. 218, § 1, effective January 1, 1997.

§ 53-507. Amendment of certificate. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-808.

History.

I.C.,§ 53-507, as added by 1996, ch. 218, § 2, p. 718.

STATUTORY NOTES

Prior Laws.

Former§ 53-507, which comprised 1921, ch. 212, § 7, p. 424; I.C.A.,§ 52-507, was repealed by S.L. 1996, ch. 218, § 1, effective January 1, 1997.

§ 53-508. Cancellation of certificate. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-809.

History.

I.C.,§ 53-508, as added by 1996, ch. 218, § 2, p. 718.

§ 53-509. Consequences of noncompliance. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-810.

History.

I.C.,§ 53-509, as added by 1996, ch. 218, § 2, p. 718.

§ 53-510. Fees. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 3, effective July 1, 2015. For present comparable provisions, see§ 30-21-214.

History.

I.C.,§ 53-510, as added by 1996, ch. 218, § 2, p. 718; am. 2003, ch. 223, § 2, p. 575.

§ 53-511. Dates of coverage

Transition. [Repealed.]

Repealed by S.L. 2003, ch. 223, § 3, and S.L. 2015, ch. 251, § 3, effective July 1, 2015..

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 53-511, as added by 1996, ch. 218, § 2, p. 718, was repealed by S.L. 2003, ch. 223, § 3.

Chapter 6 IDAHO LIMITED LIABILITY COMPANY ACT

Sec.

__________

STATUTORY NOTES

Compiler’s Notes.

This chapter was repealed effective July 1, 2010, pursuant to S.L. 2008, ch. 176, §§ 5, 6. See§ 30-6-1104.

__________

§ 53-601 — 53-672. [Repealed.]

Repealed by S.L. 2008, ch. 176, § 5, effective July 1, 2010. See present comparable provisions,§ 30-21-101 et seq.

STATUTORY NOTES

Compiler’s Notes.

Chapter 6 of Title 53, which comprised the following sections, was repealed by S.L. 2008, ch. 176, § 5, effective July 1, 2010.

53-601. Definitions. [I.C.,§ 53-601, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 5, p. 916.]

53-602. Name. [I.C.,§ 53-602, as added by 1993, ch. 224, § 1, p. 760; am. 1995, ch. 126, § 26, p. 542; am. 1999, ch. 212, § 6, p. 563; am. 2005, ch. 272, § 5, p. 836.]

53-603. Reservation of name. [I.C.,§ 53-603, as added by 1993, ch. 224, § 1, p. 760.]

53-604. Registered office and registered agent. lI.C.,§ 53-604, as added by 1993, ch. 224, § 1, p. 760; am. 1996, ch. 395, § 1, p. 1323; am. 1998, ch. 268, § 1, p. 887; am. 2000, ch. 124, § 5, p. 291, repealed by S.L. 2007, ch. 314, § 65. See§ 30-401 et seq.]

53-605. Nature of business. [I.C.,§ 53-605, as added by 1993, ch. 224, § 1, p. 760; am. 1998, ch. 268, § 2, p. 887.]

53-606. Service of process. [I.C.,§ 53-606, as added by 1993, ch. 224, § 1, p. 760, was repealed by S.L. 2007, ch. 314, § 65.]

53-607. Formation. [I.C.,§ 53-607, as added by 1993, ch. 224, § 1, p. 760.]

53-608. Articles of organization. [I.C.,§ 53-608, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 6, p. 916; am. 1997, ch. 151, § 5, p. 429; am. 1998, ch. 268, § 3, p. 887; am. 2000, ch. 124, § 6, p. 291; am. 2007, ch. 314, § 66, p. 887.]

53-609. Amendment of articles of organization — Restatement. [I.C.,§ 53-609, as added by 1993, ch. 224, § 1, p. 760.]

53-610. Execution of documents. [I.C.,§ 53-610, as added by 1993, ch. 224, § 1, p. 760.]

53-611. Filing with the secretary of state. [I.C.,§ 53-611, as added by 1993, ch. 224, § 1, p. 760.]

53-612. Effect of filing of articles of organization. [I.C.,§ 53-612, as added by 1993, ch. 224, § 1, p. 760.]

53-613. Annual report of domestic and foreign limited liability companies. [I.C.,§ 53-613, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 7, p. 916; am. 1995, ch. 126, § 27, p. 542; am. 1996, ch. 395, § 2, p. 1323; am. 1998, ch. 268, § 4, p. 887; am. 1999, ch. 210, § 3, p. 559; am. 2003, ch. 207, § 3, p. 550; am. 2005, ch. 274, § 3, p. 842; am. 2007, ch. 314, § 67, p. 887.]

53-614. Involuntary cancellation of articles of organization or registration as a foreign limited liability company. [I.C.,§ 53-614, as added by 1993, ch. 224, § 1, p. 760; am. 1996, ch. 395, § 3, p. 1323, was repealed by S.L. 1998, ch. 268, § 5, p. 887 effective July 1, 1998.]

53-615. Professional service limited liability companies. [I.C.,§ 53-615, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 8, p. 916; am. 2002, ch. 218, § 1, p. 596.] 53-616. Agency power of members and managers. [I.C.,§ 53-616, as added by 1993, ch. 224, § 1, p. 760.]

53-617. Admission of members and managers. [I.C.,§ 53-617, as added by 1993, ch. 224, § 1, p. 760.]

53-618. Limited liability company charged with knowledge of or notice to member or manager. [I.C.,§ 53-618, as added by 1993, ch. 224, § 1, p. 760.]

53-619. Liability of members to third parties. [I.C.,§ 53-619, as added by 1993, ch. 224, § 1, p. 760.]

53-620. Parties to actions. [I.C.,§ 53-620, as added by 1993, ch. 224, § 1, p. 760.]

53-621. Management. [I.C.,§ 53-621, as added by 1993, ch. 224, § 1, p. 760.]

53-622. Duties of managers and members. [I.C.,§ 53-622, as added by 1993, ch. 224, § 1, p. 760.]

53-623. Voting. [I.C.,§ 53-623, as added by 1993, ch. 224, § 1, p. 760.]

53-624. Limitation of liability and indemnification of members and managers. [I.C.,§ 53-624, as added by 1993, ch. 224, § 1, p. 760.]

53-625. Records and information. [I.C.,§ 53-625, as added by 1993, ch. 224, § 1, p. 760.]

53-626. Contributions to capital. [I.C.,§ 53-626, as added by 1993, ch. 224, § 1, p. 760.]

53-627. Liability for contributions. [I.C.,§ 53-627, as added by 1993, ch. 224, § 1, p. 760.]

53-628. Sharing of profits. [I.C.,§ 53-628, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 9, p. 916.]

53-629. Sharing of interim distributions. [I.C.,§ 53-629, as added by 1993, ch. 224, § 1, p. 760.]

53-630. Distributions on an event of dissociation. [I.C.,§ 53-630, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 10, p. 916.]

53-631. Distribution in kind. [I.C.,§ 53-631, as added by 1993, ch. 224, § 1, p. 760.]

53-632. Ownership of limited liability company property. [I.C.,§ 53-632, as added by 1993, ch. 224, § 1, p. 760.]

53-633. Ownership of limited liability company property. [I.C.,§ 53-633, as added by 1993, ch. 224, § 1, p. 760.]

53-634. Transfer of property. [I.C.,§ 53-634, as added by 1993, ch. 224, § 1, p. 760.]

53-635. Nature of limited liability company interest. [I.C.,§ 53-635, as added by 1993, ch. 224, § 1, p. 760.]

53-636. Assignment of limited liability company interest. [I.C.,§ 53-637, as added by 1993, ch. 224, § 1, p. 760; am. 2005, ch. 111, § 1, p. 362.]

53-637. Rights of judgment creditor. [I.C.,§ 53-637, as added by 1993, ch. 224, § 1, p. 760; am. 2005, ch. 111, § 1, p. 362.]

53-638. Right of assignee to become a member. [I.C.,§ 53-638, as added by 1993, ch. 224, § 1, p. 760.]

53-639. Powers of estate of a deceased or incompetent member. [I.C.,§ 53-639, as added by 1993, ch. 224, § 1, p. 760.]

53-640. Admission of members. [I.C.,§ 53-640, as added by 1993, ch. 224, § 1, p. 760.]

53-641. Events of dissociation. [I.C.,§ 53-641, as added by 1993, ch. 224, § 1, p. 760; am. 1998, ch. 268, § 6, p. 887.]

53-642. Dissolution. [I.C.,§ 53-642, as added by 1993, ch. 224, § 1, p. 760; am. 1998, ch. 268, § 7, p. 887.] 53-643. Judicial dissolution. [I.C.,§ 53-643, as added by 1993, ch. 224, § 1, p. 760; am. 1998, ch. 268, § 8, p. 887.]

53-643A. Grounds for administrative dissolution. [I.C.,§ 53-643A, as added by 1998, ch. 268, § 9, p. 887; am. 2007, ch. 314, § 68, p. 887.]

53-643B. Procedure for and effect of administrative dissolution. [I.C.,§ 53-643B, as added by 1998, ch. 268, § 10, p. 887; am. 2007, ch. 314, § 69, p. 887.]

53-644. Winding up. [I.C.,§ 53-644, as added by 1993, ch. 224, § 1, p. 760.]

53-645. Agency power of managers or members after dissolution. [I.C.,§ 53-645, as added by 1993, ch. 224, § 1, p. 760.]

53-646. Distribution of assets. [I.C.,§ 53-646, as added by 1993, ch. 224, § 1, p. 760.]

53-647. Articles of dissolution. [I.C.,§ 53-647, as added by 1993, ch. 224, § 1, p. 760; am. 1998, ch. 268, § 12, p. 887.]

53-648. Known claims against dissolved limited liability company. [I.C.,§ 53-648, as added by 1993, ch. 224, § 1, p. 760.]

53-649. Unknown claims against dissolved limited liability company. [I.C.,§ 53-649, as added by 1993, ch. 224, § 1, p. 760.]

53-650. Law governing foreign limited liability companies. [I.C.,§ 53-650, as added by 1993, ch. 224, § 1, p. 760.]

53-651. Registration. [I.C.,§ 53-651, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 11, p. 916; am. 2000, ch. 124, § 7, p. 291; am. 2007, ch. 314, § 70, p. 887.]

53-652. Issuance of registration. [I.C.,§ 53-652, as added by 1993, ch. 224, § 1, p. 760.]

53-653. Name of foreign limited liability company. [I.C.,§ 53-653, as added by 1993, ch. 224, § 1, p. 760.]

53-654. Amendments. [I.C.,§ 53-654, as added by 1993, ch. 224, § 1, p. 760.]

53-655. Voluntary cancellation of registration. [I.C.,§ 53-655, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 12, p. 916; am. 1998, ch. 268, § 13, p. 887; am. 2007, ch. 314, § 71, p. 887.]

53-655A. Administrative cancellation of registration. [I.C.,§ 53-655A, as added by 1998, ch. 268, § 14, p. 887; am. 2007, ch. 314, § 72, p. 887.]

53-655B. Procedure for and effect of administrative cancellation. [I.C.,§ 53-655B, as added by 1998, ch. 268, § 15, p. 887; am. 2007, ch. 314, § 73, p. 887.]

53-655C. Appeal from administrative cancellation. [I.C.,§ 53-655C, as added by 1998, ch. 268, § 16, p. 887.]

53-656. Transaction of business without registration. [I.C.,§ 53-656, as added by 1993, ch. 224, § 1, p. 760.]

53-657. Transactions not constituting transacting business. [I.C.,§ 53-657, as added by 1993, ch. 224, § 1, p. 760.]

53-658. Suits by and against the limited liability company. [I.C.,§ 53-658, as added by 1993, ch. 224, § 1, p. 760.]

53-659. Authority to sue on behalf of limited liability company. [I.C.,§ 53-659, as added by 1993, ch. 224, § 1, p. 760.]

53-660. Effect of lack of authority to sue. [I.C.,§ 53-660, as added by 1993, ch. 224, § 1, p. 760.]

53-660A. Applicability of Idaho entity transactions act. [I.C.,§ 53-660A, as added by 2007, ch. 116, § 11, p. 333.]

53-661. Merger or consolidation. [I.C.,§ 53-661, as added by 1993, ch. 224, § 1, p. 760.] 53-662. Approval of merger or consolidation. [I.C.,§ 53-662, as added by 1993, ch. 224, § 1, p. 760.]

53-663. Articles of merger or consolidation. [I.C.,§ 53-663, as added by 1993, ch. 224, § 1, p. 760.]

53-664. Effects of merger or consolidation. [I.C.,§ 53-664, as added by 1993, ch. 224, § 1, p. 760.]

53-665. Filing, service, and copying fees. [I.C.,§ 53-665, as added by 1993, ch. 224, § 1, p. 760; am. 1994, ch. 293, § 13, p. 916; am. 1998, ch. 268, § 17, p. 887.]

53-666. Execution by judicial act. [I.C.,§ 53-666, as added by 1993, ch. 224, § 1, p. 760.]

53-667. Definition of knowledge. [I.C.,§ 53-667, as added by 1993, ch. 224, § 1, p. 760.]

53-668. Rules of construction. [I.C.,§ 53-668, as added by 1993, ch. 224, § 1, p. 760.]

53-669. Jurisdiction of the district courts. [I.C.,§ 53-669, as added by 1993, ch. 224, § 1, p. 760.]

53-670. Severability. [I.C.,§ 53-670, as added by 1993, ch. 224, § 1, p. 760.]

53-671. Interstate application. [I.C.,§ 53-671, as added by 1993, ch. 224, § 1, p. 760.]

53-672. Governing law. [I.C.,§ 53-672, as added by 1993, ch. 224, § 1, p. 760.]

Chapter 7 UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT

Sec.

§ 53-701. Definitions. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-102.

History.

I.C.,§ 53-701, as added by 1993, ch. 282, § 1, p. 952.

§ 53-702. Supplementary general principles of law and equity. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-21-702.

History.

I.C.,§ 53-702, as added by 1993, ch. 282, § 1, p. 952.

§ 53-703. Territorial application. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015.

History.

I.C.,§ 53-703, as added by 1993, ch. 282, § 1, p. 952.

§ 53-704. Real and personal property

Nonprofit association as legatee, devisee or beneficiary. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-106.

History.

I.C.,§ 53-704, as added by 1993, ch. 282, § 1, p. 952.

§ 53-705. Statement of authority as to real property. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-107.

History.

I.C.,§ 53-705, as added by 1993, ch. 282, § 1, p. 952.

§ 53-706. Liability in contract and tort. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-108.

History.

I.C.,§ 53-706, as added by 1993, ch. 282, § 1, p. 952.

§ 53-707. Capacity to assert and defend

Standing. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-109.

History.

I.C.,§ 53-707, as added by 1993, ch. 282, § 1, p. 952.

§ 53-708. Effect of judgment or order. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-110.

History.

I.C.,§ 53-708, as added by 1993, ch. 282, § 1, p. 952.

§ 53-709. Disposition of personal property of inactive nonprofit association. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015.

History.

I.C.,§ 53-709, as added by 1993, ch. 282, § 1, p. 952.

§ 53-710. Appointment of agent to receive service of process. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-129.

History.

I.C.,§ 53-710, as added by 1993, ch. 282, § 1, p. 952; am. 2007, ch. 314, § 74, p. 887.

§ 53-711. Claim not abated by change of members or officers. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-112.

History.

I.C.,§ 53-711, as added by 1993, ch. 282, § 1, p. 952.

§ 53-712. Venue. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-113.

History.

I.C.,§ 53-712, as added by 1993, ch. 282, § 1, p. 952.

§ 53-713. Uniformity of application and construction. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-21-703.

History.

I.C.,§ 53-713, as added by 1993, ch. 282, § 1, p. 952.

§ 53-714. Short title. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-101.

History.

I.C.,§ 53-714, as added by 1993, ch. 282, § 1, p. 952.

§ 53-715. Effect of chapter upon other laws. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-103.

History.

I.C.,§ 53-715, as added by 1993, ch. 282, § 1, p. 952.

§ 53-716. Transition concerning real and personal property. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-27-130.

History.

I.C.,§ 53-716, as added by 1993, ch. 282, § 1, p. 952.

§ 53-717. Savings clause. [Repealed.]

Repealed by S.L. 2015, ch. 251, § 4, effective July 1, 2015. For present comparable provisions, see§ 30-21-705.

History.

I.C.,§ 53-717, as added by 1993, ch. 282, § 1, p. 952.