eLaws of Florida

  SECTION 620.1509. Liability for improper distributions.  


Latest version.
  • 1(1) 2A general partner that consents to a distribution made in violation of s. 15620.1508 16is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation if it is established that in consenting to the distribution the general partner failed to comply with s. 59620.140860.
    61(2) 62A partner or transferee that received a distribution knowing that the distribution to that partner or transferee was made in violation of s. 85620.1508 86is personally liable to the limited partnership but only to the extent that the distribution received by the partner or transferee exceeded the amount that could have been properly paid under s. 118620.1508119.
    120(3) 121A general partner against which an action is commenced under subsection (1) may:
    134(a) 135Implead in the action any other person that is liable under subsection (1) and compel contribution from the person.
    154(b) 155Implead in the action any person that received a distribution in violation of subsection (2) and compel contribution from the person in the amount the person received in violation of subsection (2).
    187(4) 188An action under this section is barred if it is not commenced within 2 years after the distribution.
History.-s. 17, ch. 2005-267.

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