LD 1609
pg. 83
Page 82 of 146 PUBLIC Law Chapter 543 Page 84 of 146
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LR 1469
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limited liability limited partnership, whether arising in contract,
tort or otherwise, is solely the obligation of the limited
partnership. A general partner is not personally liable, directly
or indirectly, by way of contribution or otherwise, for such an
obligation solely by reason of being or acting as a general
partner. This subsection applies despite anything inconsistent in
the partnership agreement that existed immediately before the
consent required to become a limited liability limited partnership
under section 1356, subsection 2, paragraph B.

 
4.__Professional limited liability limited partnership
exception.__A__partner of a professional limited liability
limited partnership is jointly and severally liable for claims
arising from the rendering of a professional service by such a
professional limited liability partnership if that partner:

 
A. Personally and directly participated in rendering that
portion of the professional service that was performed
negligently or in breach of any other legal duty; or

 
B. Directly supervised and controlled that portion of the
professional service rendered by another person that was
performed negligently or in breach of any other legal duty.

 
For purposes of this subsection, a "professional limited
liability limited partnership" means a limited liability limited
partnership that, by virtue of the business conducted by it,
would be required to incorporate under the Maine Professional
Service Corporation Act if that limited partnership were a
corporation.

 
§1355.__Actions by and against partnership and partners

 
1.__General partner as party.__To the extent not inconsistent
with section 1354, a general partner may be joined in an action
against the limited partnership or named in a separate action.

 
2.__Judgment against limited partnership.__A judgment against
a limited partnership is not by itself a judgment against a
general partner. A judgment against a limited partnership may not
be satisfied from a general partner's assets unless there is also
a judgment against the general partner.

 
3.__Judgment creditor of general partner.__A judgment creditor
of a general partner may not levy execution against the assets of
the general partner to satisfy a judgment based on a claim
against the limited partnership unless the partner is personally
liable for the claim under section 1354 and:


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