North Dakota § 45-22-10 Liability of partners for illegal distributions

North Dakota Statutes

§ 45-22-10 — Liability of partners for illegal distributions

North Dakota § 45-22-10

Title 45Partnerships

Ch. 45-22Limited Liability Partnerships

This text of North Dakota § 45-22-10 (Liability of partners for illegal distributions) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 45-22-10 (2026).

Text

With respect to the liability of partners for illegal distributions:

1.Except as provided in subsection 3, a partner who receives a distribution from a domestic limited liability partnership which would have been in violation of section 10-19.1-92 had the limited liability partnership been a corporation with a board of directors is liable to the domestic limited liability partnership, the domestic limited liability partnership's receiver, or other person winding up the domestic limited liability partnership's affairs, but only to the extent that the distribution received by the partner exceeded the amount that properly could have been paid under section 10-19.1-92.

2.An action may not be commenced under this section more than two years from the date of the distribution.

3.A partner acti

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With respect to the liability of partners for illegal distributions:
1. Except as provided in subsection 3, a partner who receives a distribution from a
domestic limited liability partnership which would have been in violation of section
10-19.1-92 had the limited liability partnership been a corporation with a board of
directors is liable to the domestic limited liability partnership, the domestic limited
liability partnership's receiver, or other person winding up the domestic limited liability
partnership's affairs, but only to the extent that the distribution received by the partner
exceeded the amount that properly could have been paid under section 10-19.1-92.
2. An action may not be commenced under this section more than two years from the
date of the distribution.
3. A partner actively engaged in the partnership business is not liable to the domestic
limited liability partnership for any distribution that is or was regularly paid to the
partner on account of engagement in the partnership business to the extent the
distribution is reasonable compensation for the partner's services to or on behalf of the
partnership.