Chapter 19: UNIFORM LIMITED PARTNERSHIP ACT HEADING: PL 2005, C. 543, PT. C, §2 (NEW)
Subchapter 4: GENERAL PARTNERS HEADING: PL 2005, C. 543, PT. C, §2 (NEW)
§1355. Actions by and against partnership and partners
1.General partner as party. To the extent not inconsistent with section 1354, a general partner may be joined in an action against the limited partnership
or named in a separate action.
[
2005, c. 543, Pt. C, §2 (NEW)
.]
2.Judgment against limited partnership. A judgment against a limited partnership is not by itself a judgment against a general partner. A judgment against a limited
partnership may not be satisfied from a general partner's assets unless there is also a judgment against the general partner.
[
2005, c. 543, Pt. C, §2 (NEW)
.]
3.Judgment creditor of general partner. A judgment creditor of a general partner may not levy execution against the assets of the general partner to satisfy a judgment
based on a claim against the limited partnership unless the partner is personally liable for the claim under section 1354
and:
A. A judgment based on the same claim has been obtained against the limited partnership and a writ of execution on the judgment
has been returned unsatisfied in whole or in part; [2005, c. 543, Pt. C, §2 (NEW).]
B. The limited partnership is a debtor in bankruptcy; [2005, c. 543, Pt. C, §2 (NEW).]
C. The general partner has agreed that the creditor need not exhaust limited partnership assets; [2005, c. 543, Pt. C, §2 (NEW).]
D. A court grants permission to the judgment creditor to levy execution against the assets of a general partner based on a
finding that limited partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion
of limited partnership assets is excessively burdensome or that the grant of permission is an appropriate exercise of the
court's equitable powers; or [2005, c. 543, Pt. C, §2 (NEW).]
E. Liability is imposed on the general partner by law or contract independent of the existence of the limited partnership. [2005, c. 543, Pt. C, §2 (NEW).]
[
2005, c. 543, Pt. C, §2 (NEW)
.]
SECTION HISTORY
2005, c. 543, §C2 (NEW).
Data for this page extracted on 10/14/2009 10:53:53.