620.8703 Dissociated partner’s liability to other persons. - Florida Statutes

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.