§ 15-5-1011 — Interest as a general partner

Colorado § 15-5-1011

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Colorado Uniform Trust Code

Text

(1) Except as provided in
subsection (3) of this section, or unless personal liability is imposed in the contract,
a trustee who holds an interest as a general partner in a general or limited
partnership is not personally liable on a contract entered into by the partnership
after the trust's acquisition of the interest if the fiduciary capacity was disclosed in
the contract or in a statement previously filed pursuant to the Colorado Uniform
Partnership Act (1997), article 64 of title 7, or the Colorado Uniform Limited
Partnership Act of 1981, article 62 of title 7.

(2) Except as otherwise provided in subsection (3) of this section, a trustee
who holds an interest as a general partner is not personally liable for torts
committed by the partnership or for obligations arising from ownership or control of
the interest unless the trustee is personally at fault.

(3) The immunity provided by this section does not apply if an interest in the
partnership is held by the trustee in a capacity other than that of trustee or is held
by the trustee's spouse or one or more of the trustee's descendants, siblings, or
parents, or the spouse of any of them.

(4) If the trustee of a revocable trust holds an interest as a general partner,
the settlor is personally liable for contracts and other obligations of the partnership
as if the settlor were a general partner.

Legislative History

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1187, � 1, effective January 1, 2019.