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2010 Florida Statutes

SECTION 8703
Dissociated partner’s liability to other persons.
F.S. 620.8703
620.8703

Dissociated partner’s liability to other persons.

(1)

A partner’s dissociation does not, by 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).

(2)

A partner who dissociates without resulting in a dissolution and winding up of the partnership business is liable as a partner to any other party to a transaction entered into by the partnership, or a surviving partnership under ss. 620.8911-620.8923, within 1 year after the partner’s dissociation only if the partner is liable for the obligation under s. 620.8306 and, at the time of entering into the transaction, the other party:

(a)

Reasonably believed that the dissociated partner was then a partner;

(b)

Did not have notice of the partner’s dissociation; and

(c)

Is not deemed to have had knowledge under s. 620.8303(4) or notice under s. 620.8704(4).

(3)

By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation.

(4)

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.

History.

s. 13, ch. 95-242; s. 13, ch. 99-285; s. 81, ch. 2006-1.