R.I. Gen. Laws § 7-13.1-505 (2026)
Liability for improper distributions
Effective Jan 1, 2023History of Section. P.L. 2022, ch. 121, § 2, effective January 1, 2023; P.L. 2022, ch. 122, § 2, effective January 1, 2023.
- (a) If a general partner consents to a distribution made in violation of § 7-13.1-504 and in consenting to the distribution fails to comply with § 7-13.1-409, the general partner is personally liable to the limited partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation of § 7-13.1-504.
- (b) A person that receives a distribution knowing that the distribution violated § 7-13.1-504 is personally liable to the limited partnership but only to the extent that the distribution received by the person exceeded the amount that could have been properly paid under § 7-13.1-504.
(c) A general partner against which an action is commenced because the general partner is liable under subsection (a) of this section may:
- (1) Implead any other person that is liable under subsection (a) of this section and seek to enforce a right of contribution from the person; and
- (2) Implead any person that received a distribution in violation of subsection (b) of this section and seek to enforce a right of contribution from the person in the amount the person received in violation of subsection (b) of this section.
- (d) An action under this section is barred unless commenced not later than two (2) years after the distribution.
History of Section.
P.L. 2022, ch. 121, § 2, effective January 1, 2023; P.L. 2022, ch. 122, § 2, effective January 1, 2023.