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Current as of January 01, 2024 | Updated by FindLaw Staff
A. A general partner that consents to a distribution made in violation of Section 508 of the Uniform Revised Limited Partnership Act is personally liable to the limited partnership for the amount of the distribution that exceeds the amount that could have been distributed without the violation if it is established that in consenting to the distribution, the general partner failed to comply with Section 408 of the Uniform Revised Limited Partnership Act.
B. A partner or transferee that received a distribution knowing that the distribution to that partner or transferee was made in violation of Section 508 of the Uniform Revised Limited Partnership Act is personally liable to the limited partnership but only to the extent that the distribution received by the partner or transferee exceeded the amount that could have been properly paid pursuant to Section 508 of that act.
C. A general partner against which an action is commenced pursuant to Subsection A of this section may:
(1) implead in the action any other person that is liable pursuant to Subsection A of this section and compel contribution from the person; and
(2) implead in the action any person that received a distribution in violation of Subsection B of this section and compel contribution from the person in the amount the person received in violation of Subsection B of this section.
D. An action pursuant to this section is barred if it is not commenced within two years after the distribution.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 54. Partnerships § 54-2A-509. Liability for improper distributions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-54-partnerships/nm-st-sect-54-2a-509/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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