|
not a limited liability limited partnership, the following rules | apply. |
|
| A.__Each person that was a general partner when the | obligation was incurred and that has not been released from | the obligation under section 1377 shall contribute to the | limited partnership for the purpose of enabling the limited | partnership to satisfy the obligation. The contribution due | from each of those persons is in proportion to the right to | receive distributions in the capacity of general partner in | effect for each of those persons when the obligation was | incurred. |
|
| B.__If a person does not contribute the full amount required | under paragraph A with respect to an unsatisfied obligation | of the limited partnership, the other persons required to | contribute by paragraph A on account of the obligation shall | contribute the additional amount necessary to discharge the | obligation. The additional contribution due from each of | those other persons is in proportion to the right to receive | distributions in the capacity of general partner in effect | for each of those other persons when the obligation was | incurred. |
|
| C.__If a person does not make the additional contribution | required by paragraph B, further additional contributions | are determined and due in the same manner as provided in | that paragraph. |
|
| | 4.__Additional contribution recoverable.__A person that makes | an additional contribution under subsection 3, paragraph B or C | may recover from any person whose failure to contribute under | subsection 3, paragraph A or B necessitated the additional | contribution. A person may not recover under this subsection more | than the amount additionally contributed. A person's liability | under this subsection may not exceed the amount the person failed | to contribute. |
|
| | 5.__Estate of deceased liable for obligations.__The estate of | a deceased individual is liable for the individual's obligations | under this section. |
|
| | 6.__Assignee, court appointee may enforce.__An assignee for | the benefit of creditors of a limited partnership or a partner, | or a person appointed by a court to represent creditors of a | limited partnership or a partner, may enforce a person's | obligation to contribute under subsection 3. |
|
|