Partnership
General and Limited Liability Partnerships
Section 12
Nature of partner's liability.
     48-1-12 (Repealed 07/01/12).   Nature of partner's liability.
     (1) Except as provided in Subsection (2), all partners are liable:
     (a) jointly and severally for everything chargeable to the partnership under Sections 48-1-10 and 48-1-11.
     (b) jointly for all other debts and obligations of the partnership, except a partner may enter into a separate obligation to perform a partnership contract.
     (2) (a) A partner in a limited liability partnership is not liable, directly or indirectly, including by way of indemnification, contribution or otherwise, for a debt, obligation, or liability chargeable to the partnership arising from negligence, wrongful acts, or misconduct committed while the partnership is registered as a limited liability partnership and in the course of the partnership business by another partner, or an employee, agent, or representative of the limited liability partnership.
     (b) Notwithstanding Subsection (2)(a), a partner in a limited liability partnership is liable for his own negligence, wrongful acts, or misconduct.

Amended by Chapter 61, 1994 General Session
Repealed by Chapter 353, 2011 General Session
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