TITLE 30

CORPORATIONS

CHAPTER 23

GENERAL PARTNERSHIPS

PART 8

DISSOLUTION AND WINDING UP

30-23-805.  LIABILITY AFTER DISSOLUTION of partner and person dissociated as general partner. (a) If a partner having knowledge of the dissolution causes a partnership to incur an obligation under section 30-23-804(a), Idaho Code, by an act that is not appropriate for winding up the partnership business, the partner is liable:

(1)  To the partnership for any damage caused to the partnership arising from the obligation; and

(2)  If another partner or person dissociated as a partner is liable for the obligation, to that other partner or person for any damage caused to that other partner or person arising from the liability.

(b)  Except as otherwise provided in this subsection (c) of this section, if a person dissociated as a partner causes a partnership to incur an obligation under section 30-23-804(b), Idaho Code, the person is liable:

(1)  To the partnership for any damage caused to the partnership arising from the obligation; and

(2)  If a partner or another person dissociated as a partner is liable for the obligation, to the partner or other person for any damage caused to the partner or other person arising from the obligation.

(c)  A person dissociated as a general partner is not liable under this subsection if:

(1)  Section 30-23-802(c), Idaho Code, permits the person to participate in winding up; and

(2)  The act that causes the partnership to be bound under section 30-23-804(b), Idaho Code, is appropriate for winding up the partnership’s business.

History:

[30-23-805, added 2015, ch. 243, sec. 30, p. 832.]