§ 31 §1035 — Actions by and against partnership and partners

1.
Sue and be sued.
A partnership may sue and be sued in the name of the partnership.
2.
Action against partnership and partners.
An action may be brought against the partnership and, to the extent not inconsistent with section 1034, any or all of the partners in the same action or in separate actions.
3.
Judgment against partnership; partner.
A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner.
4.
Execution against assets of partner.
A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment based on a claim against the partnership unless the partner is personally liable for the claim under section 1034 and:
5.
Application to partnership liability or obligation.
This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under section 1036.

Legislative History

PL 2005, c. 543, §A2 (NEW).