| Under current law concerning partner liability, there is joint |
and several liability for tortuous conduct and joint liability |
for contractual obligations. Under RUPA, there is joint and |
several liability for all obligations of the partnership. With |
regard to registered liability partnerships except for |
professional limited liability partnerships, the liability shield |
under current law for a Maine limited liability partnership |
protects only against tort liabilities. RUPA provides full |
shield liability protection for a tortuous liability and for |
contractual obligations. Current law contains no provision |
concerning whether the partnership agreement affects the |
liability imposed by the statute. In contracts, RUPA provides |
that it expressly overrides anything to the contrary in the |
partnership agreement. The current law limits the liability of |
an incoming partner to the partnership property. RUPA provides |
that there is no liability to incoming partners for preadmission |
liabilities. |