Tennessee § 61-3-505 Liability for improper distributions

Tennessee Statutes

§ 61-3-505 — Liability for improper distributions

Tennessee § 61-3-505

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This text of Tennessee § 61-3-505 (Liability for improper distributions) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 61-3-505 (2026).

Text

(a)If a general partner consents to a distribution made in violation of § 61-3-504 and in consenting to the distribution fails to comply with § 61-3-409 , the general partner is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation of § 61-3-504 .

(b)A person that receives a distribution knowing that the distribution violated § 61-3-504 is personally liable to the limited partnership but only to the extent that the distribution received by the person exceeded the amount that could have been properly paid under § 61-3-504 .

(c)A general partner against which an action is commenced because the general partner is liable under subsection (a) may:

(1)Implead any other person that is lia

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(a) If a general partner consents to a distribution made in violation of § 61-3-504 and in consenting to the distribution fails to comply with § 61-3-409 , the general partner is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation of § 61-3-504 . (b) A person that receives a distribution knowing that the distribution violated § 61-3-504 is personally liable to the limited partnership but only to the extent that the distribution received by the person exceeded the amount that could have been properly paid under § 61-3-504 . (c) A general partner against which an action is commenced because the general partner is liable under subsection (a) may: (1) Implead any other person that is liable under subsection (a) and seek to enforce a right of contribution from the person; and (2) Implead any person that received a distribution in violation of subsection (b) and seek to enforce a right of contribution from the person in the amount the person received in violation of subsection (b). (d) An action under this section is barred unless commenced not later than two (2) years after the distribution.