LD 1609
pg. 13
Page 12 of 146 PUBLIC Law Chapter 543 Page 14 of 146
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LR 1469
Item 1

 
B.__Partnership property held in the name of one or more
partners with an indication in the instrument transferring the
property to those partners of their capacity as partners or of
the existence of a partnership, but without an indication of
the name of the partnership, may be transferred by an
instrument of transfer executed by the persons in whose name
the property is held.

 
C.__Partnership property held in the name of one or more
persons other than the partnership, without an indication in
the instrument transferring the property to those persons of
their capacity as partners or of the existence of a
partnership, may be transferred by an instrument of transfer
executed by the persons in whose name the property is held.

 
2.__Recovery of property from transferee.__A partnership may
recover partnership property from a transferee only if the
partnership proves that execution of the instrument of initial
transfer did not bind the partnership under section 1031 and:

 
A.__As to a subsequent transferee who gave value for
property transferred under subsection 1, paragraph A or B,
proves that the subsequent transferee knew or had received a
notification that the person who executed the instrument of
initial transfer lacked authority to bind the partnership;
or

 
B.__As to a transferee who gave value for property
transferred under subsection 1, paragraph C, proves that the
transferee knew or had received a notification that the
property was partnership property and that the person who
executed the instrument of initial transfer lacked authority
to bind the partnership.

 
3.__No recovery.__A partnership may not recover partnership
property from a subsequent transferee if the partnership would
not have been entitled to recover the property, under subsection
2, from any earlier transferee of the property.

 
4.__All partners' interests in one person.__If a person holds
all of the partners' interests in the partnership, all of the
partnership property vests in that person.__The person may
execute a document in the name of the partnership to evidence
vesting of the property in that person and may file or record the
document.

 
§1033.__Partnership liable for partner's actionable conduct

 
1.__Partnership liable for loss, injury or penalty.__A
partnership is liable for loss or injury caused to a person, or


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