Legislation
SECTION 102
Loans and other business transactions with limited partner
Partnership (PTR) CHAPTER 39, ARTICLE 8
§ 102. Loans and other business transactions with limited partner. (1)
A limited partner also may loan money to and transact other business
with the partnership, and, unless he is also a general partner, receive
on account of resulting claims against the partnership, with general
creditors, a pro rata share of the assets. No limited partner shall in
respect to any such claim
(a) Receive or hold as collateral security any partnership property,
or,
(b) Receive from a general partner or the partnership any payment,
conveyance or release from liability, if at the time the assets of the
partnership are not sufficient to discharge partnership liabilities to
persons not claiming as general or limited partners.
(2) The receiving of collateral security, or a payment, conveyance or
release in violation of the provisions of subdivision one is a fraud on
the creditors of the partnership.
A limited partner also may loan money to and transact other business
with the partnership, and, unless he is also a general partner, receive
on account of resulting claims against the partnership, with general
creditors, a pro rata share of the assets. No limited partner shall in
respect to any such claim
(a) Receive or hold as collateral security any partnership property,
or,
(b) Receive from a general partner or the partnership any payment,
conveyance or release from liability, if at the time the assets of the
partnership are not sufficient to discharge partnership liabilities to
persons not claiming as general or limited partners.
(2) The receiving of collateral security, or a payment, conveyance or
release in violation of the provisions of subdivision one is a fraud on
the creditors of the partnership.