48-1-12. 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
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Last revised: Wednesday, July 23, 2008