|
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 |
|
|