West Virginia Code § 47-9-38

Liability upon return of contribution
Open in Lexace · Ask the AI about this section
(a) If a partner has received the return of any part of his contribution without violation of the
partnership agreement or this article, he is liable to the limited partnership for a period of
one year thereafter for the amount of the returned contribution, but only to the extent
necessary to discharge the limited partnership's liabilities to creditors who extended credit
to the limited partnership during the period the contribution was held by thee partnership.
(b) If a partner has received the return of any part of his contribution in violation of the
partnership agreement or this article, he is liable to the limited partnership for a period of
six years thereafter for the amount of the contribution wrongfulluy returned.
(c) A partner receives a return of his contribution to the extent that a distribution to him
reduces his share of the fair value of the net assets of the limited partnership below the
value, as set forth in the records required to be kept by section five of this article, of his
contribution which has not been distributed to him

‹ Prev All West Virginia 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.