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S.D. Codified Laws § 48-7A-306

Partner's liability

Known as the Uniform Partnership Act

The act spans §§ 48–48 (74 sections).

Applied in 2 court decisions — leading case Action Mechanical, Inc. v. Deadwood Historic Preservation Commission (2002)

Most recently applied in Berbos v. Berbos (December 2018)

Source: SL 2001, ch 249, § 306.

(a) Except as otherwise provided in subsections (b) and (c), all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law.

(b) A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation incurred before the person's admission as a partner.

(c) An obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed immediately before the vote required to become a limited liability partnership under § 48-7A-1001(b).

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.