Can a court gain jurisdiction over a foreign general partnership that has

no statutory agent?

Answered By Brad DentonGunderson, Denton & Peterson, P.C.

Mesa Location:1930 N. Arboleda, Suite 201

Mesa, Arizona 85213Office: 480-655-7440

Fax: 480-655-7099

Phoenix Location:40 N. Central Avenue, Suite 1400

Phoenix, AZ 85004Phone: 480-325-9937

If a foreign (true) general partnership of which operates as its own entity distinct from its general partners commits a tort, is there anyway in which the Court (within the state the tort is committed) can gain jurisdiction of the general partnership entity itself, or would the lawsuit have to be filed either in federal court or a court in which the foreign general partnership entity is based?

Brad Denton, Phoenix Business Lawyer: If the tort occurred in Arizona, and the tort was done on behalf of the partnership, then most likely Arizona courts are going to have jurisdiction over the partnership. Depending on the type of tort, there might be a fight over whether it "occurred" in Arizona, and there might also be a fight over whether the tort was "done on behalf of the partnership." But that's the general rule that the court will apply in deciding whether it has jurisdiction.

Disclaimer: This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Re-Published from Brad Denton's AVVO Legal Questions & Answers.