Public-domain · open source
OpenJurist

Ark. Code Ann. § 4-46-504

Partner's transferable interest subject to charging order

Known as the Uniform Partnership Act

The act spans §§ 4–4 (71 sections).

Applied in 2 court decisions — leading case 2014 Ark. App. 65 - Joshlin Bros. Irrigation v. Sunbelt Rental Inc. (2014)

Most recently applied in 2014 Ark. App. 65 - Joshlin Bros. Irrigation v. Sunbelt Rental Inc. (January 2014)

Acts 1999, No. 1518, § 504.

(1) On application by a judgment creditor of a partner or of a partner's transferee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts, and inquiries the judgment debtor might have made or which the circumstances of the case may require.

(2) A charging order constitutes a lien on the judgment debtor's transferable interest in the partnership. The court may order a foreclosure of the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee.

(3) At any time before foreclosure, an interest charged may be redeemed: by the judgment debtor;

(4) with property other than partnership property, by one (1) or more of the other partners; or

(5) with partnership property, by one (1) or more of the other partners with the consent of all of the partners whose interests are not so charged.

(6) This chapter does not deprive a partner of a right under exemption laws with respect to the partner's interest in the partnership.

(7) This section provides the exclusive remedy by which a judgment creditor of a partner or partner's transferee may satisfy a judgment out of the judgment debtor's transferable interest in the partnership.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.