Maine Code § 31-1073

Dissociated partner's liability to other persons
Open in Lexace · Ask the AI about this section
1. Liability for partnership obligation. A partner's dissociation does not of itself discharge the
partner's liability for a partnership obligation incurred before dissociation. A dissociated partner is not
liable for a partnership obligation incurred after dissociation, except as otherwise provided in subsection
2.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
2. Liability to other party. A partner who dissociates without resulting in a dissolution and
winding up of the partnership business is liable as a partner to the other party in a transaction entered
into by the partnership, or a surviving partnership under subchapter 9, within 2 years after the partner's
dissociation, only if the partner is liable for the obligation under section 1034 and at the time of entering
into the transaction the other party:
A. Reasonably believed that the dissociated partner was then a partner; [PL 2005, c. 543, Pt. A,
§2 (NEW).]
B. Did not have notice of the partner's dissociation; and [PL 2005, c. 543, Pt. A, §2 (NEW).]
C. Is not deemed to have had notice under section 1074, subsection 2. [PL 2005, c. 543, Pt. A,
§2 (NEW).]
[PL 2005, c. 543, Pt. A, §2 (NEW).]
3. Released from liability for partnership obligation by agreement. By agreement with the
partnership creditor and the partners continuing the business, a dissociated partner may be released
from liability for a partnership obligation.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
4. Released from liability for partnership obligation because of material alteration. A
dissociated partner is released from liability for a partnership obligation if a partnership creditor, with
notice of the partner's dissociation but without the partner's consent, agrees to a material alteration in
the nature or time of payment of a partnership obligation.
[PL 2005, c. 543, Pt. A, §2 (NEW).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.