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487.608 Liability upon return of contribution.

1. If a partner has received the return of a part of the partner's contribution without violation of the partnership agreement or this chapter, for one year after the return, the partner is liable to the limited partnership for the amount of the returned contribution to the extent necessary to discharge the limited partnership's liabilities to creditors who extended credit to the limited partnership during the period the contribution was held by the partnership.

2. If a partner has received the return of any part of the partner's contribution in violation of the partnership agreement or this chapter, for six years after the return, the partner is liable to the limited partnership for the amount of the contribution wrongfully returned.

3. A partner receives a return of contribution only to the extent that a distribution to the partner reduces the partner's share of the fair value, as specified in the certificate of limited partnership, of the partner's contribution which has not been distributed to the partner.

Section History: Early form

[C24, 27, 31, 35, 39, § 9832; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 545.27; 82 Acts, ch 1103, § 608]

Section History: Recent form

C93, § 487.608

Internal References

Referred to in § 487.601


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