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Wis. Stat. § 179.0505

Liability for improper distributions

Known as the Wisconsin Uniform Limited Partnership Law

The act spans §§ 179.0101 to 179.1202 (129 sections).

2021 a. 258

(1) If a general partner consents to a distribution made in violation of s. 179.0504 and in consenting to the distribution fails to comply with s. 179.0409, the general partner is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation of s. 179.0504.

(2) A person that receives a distribution knowing that the distribution violated s. 179.0504 is personally liable to the limited partnership but only to the extent that the distribution received by the person exceeded the amount that could have been properly paid under s. 179.0504.

(3) A general partner against which an action is commenced because the general partner is liable under sub.

(1) with respect to a distribution may do any of the following:

(a) Implead any other person that is liable under sub.

(1) with respect to the distribution and seek to enforce a right of contribution from the person.

(b) Implead any person that received the distribution in violation of sub.

(2) and seek to enforce a right of contribution from the person in the amount the person received in violation of sub. (2).

(4) An action under this section is barred unless commenced not later than 2 years after the distribution.

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