(a) Contractual liability.--Except as otherwise provided in subsection (c) or unless personal liability is imposed
in the contract, a trustee who holds an interest as a general partner in a general
or limited partnership is not personally liable on a contract entered into by the
partnership after the trust's acquisition of the interest if the fiduciary capacity
was disclosed in the contract or in a statement previously filed pursuant to 15 Pa.C.S.
Ch. 83 (relating to general partnerships) or 85 (relating to limited partnerships). 1
(b) Tortious liability.--Except as otherwise provided in subsection (c), a trustee who holds an interest as
a general partner is not personally liable for torts committed by the partnership
or for obligations arising from ownership or control of the interest unless the trustee
is personally at fault.
(c) When immunity inapplicable.--The immunity provided by this section does not apply if an interest in the partnership
is held by:
(1) the trustee in a capacity other than that of trustee;
(2) the trustee's spouse; or
(3) the trustee's descendant, sibling or parent or the spouse of a descendant, sibling
(d) Personal liability of settlor.--If the trustee of a revocable trust holds an interest as a general partner, the settlor
is personally liable for contracts and other obligations of the partnership as if
the settlor were a general partner.
15 Pa.C.S.A. Chs. 83 and 85 were repealed by 2016, Nov. 21, P.L. 1328, No. 170, §§
24(2), 26(2); see 15 Pa.C.S.A. §§ 8411 et seq. and 8611 et seq.
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