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Article
Discouraging Forum Shopping by Properly Implementing the Entity Theory of Partnerships
Journal of Business & Technology Law (2007)
  • John T Stinson, University of Maryland - Baltimore
Abstract

This note analyzes a decision by the Court of Appeals of Maryland wherein the court properly applied the "entity theory" of partnership advanced by contemporary uniform partnership acts. This theory keeps the partnership viable as a business form because it creates a limited existence for the entity itself, apart from its constituent members. As applied to issues of jurisdiction, the entity theory means that a partnership is no longer subject to suit in any forum where a constituent member is subject to suit. This provides greater protection to partnerships from being haled into fora distant from their centers of operation. This is particularly important in the 21st century when partnerships often are far more complex entities than their 20th century counterparts.

Keywords
  • partnership,
  • business associations,
  • RUPA
Publication Date
Fall October, 2007
Publisher Statement
This article was originally published in the Journal of Business & Technology Law. JBTL is a journal at the University of Maryland School of Law.
Citation Information
John T. Stinson, note, Discouraging Forum Shopping by Properly Implementing the Entity Theory of Partnerships, 2 J. Bus. & Tech. L. 453 (2007)