GEORGIA CODE (Last Updated: August 20, 2013) |
Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS |
Chapter 9A. LIMITED PARTNERSHIPS |
Article 1. LIMITED PARTNERSHIPS FORMED SINCE FEBRUARY 15, 1952 |
Part 3. LIMITED PARTNERS |
Section 14-9A-44. Loans and other business transactions between limited partner and partnership; limitation on resulting claims against partnership
Latest version.
- (a) A limited partner may loan money to and transact other business with the partnership and, unless he is also a general partner, receive on account of resulting claims against the partnership, with general creditors, a pro rata share of the assets. No limited partner shall in respect to any such claim:
(1) Receive or hold as collateral security any partnership property; or
(2) Receive from a general partner or the partnership any payment, conveyance, or release from liability, if at the time the assets of the partnership are not sufficient to discharge partnership liabilities to persons not claiming as general or limited partners.
(b) The receiving of collateral security, or a payment, conveyance, or release in violation of subsection (a) of this Code section is a fraud on the creditors of the partnership.
Ga. L. 1952, p. 375, § 13; Code 1981, § 14-9-44; Code 1981, § 14-9A-44, as redesignated by Ga. L. 1988, p. 1016, § 1.