UPA (1914) v. UPA (1997)

For our purposes in BA I, what is the significance of the original UPA created in 1914? Do lawyers and courts look to the earliest UPA primarily for comparative analysis as persuasive authority? Is that also the primary reason for our use of the UPA (1914)?

Professor's Response:

Good question. The 1914 version of the UPA was adopted by all states, in some form, except Louisiana. As such, it is the basis for most partnership law. The National Conference of Commissioners on Uniform State Laws (NCCUSL) notes that the law was revised in 1994 and 1997 (there was also a 1996 Uniform Act). As such, the NCCUSL now refers to the UPA by the year of the version being discussed. However, many people (including me from time to time) still call any post-1914 version the Revised UPA or "RUPA."

The 1997 version was adopted by approximately 34 states plus others jurisdictions (e.g., Washington, D.C., and Puerto Rico), according to the NCCUSL. Thus, depending on the state of the partnership, you could be working in a UPA state or a RUPA state. FYI -- North Dakota and Minnesota are UPA (1997) states.