KANSAS STATUTES AND CODES

56a-307. Actions by and against partnerships and partners.

56a-307

Chapter 56a.--KANSAS UNIFORM PARTNERSHIP ACT Article 3.--RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP

56a-307. Actions by and against partnerships andpartners.(a) A partnership may sue and be sued in the nameof the partnership.

(b) An action may be brought against the partnership and, to the extent notinconsistent with K.S.A. 56a-306 and amendments thereto,any or all of the partners in the same action or in separateactions.

(c) A judgment against a partnership is not by itself ajudgment against a partner. A judgment against a partnership maynot be satisfied from a partner's assets unless there is also ajudgment against the partner.

(d) A judgment creditor of a partner may not levyexecution against the assets of the partner to satisfy a judgmentbased on a claim against the partnership unless the partner is personallyliable for the claim under K.S.A. 56a-306 and amendments theretoand:

(1) A judgment based on the same claim has beenobtained against the partnership and a writ of execution on thejudgment has been returned unsatisfied in whole or in part;

(2) the partnership is a debtor in bankruptcy;

(3) the partner has agreed that the creditor neednot exhaust partnership assets;

(4) a court grants permission to the judgmentcreditor to levy execution against the assets of a partner based ona finding that partnership assets subject to execution are clearlyinsufficient to satisfy the judgment, that exhaustion ofpartnership assets is excessively burdensome, or that the grant ofpermission is an appropriate exercise of the court's equitablepowers; or

(5) liability is imposed on the partner by law orcontract independent of the existence of the partnership.

(e) This section applies to any partnership liability orobligation resulting from a representation by a partner orpurported partner under K.S.A. 56a-308.

History: L. 1998, ch. 93, § 18; Jan. 1, 1999.