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 the partner's contribution to the extent that a distribution to the partner reduces the partner's share of the fair value of the net assets of the limited partnership below the value, as set forth in the partnership records required to be kept pursuant to section 487.105, 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

  97 Acts, ch 188, § 38


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