Acts and Regulations

P-4 - Partnership Act

Full text
Recovery of prohibited distributions
52(1)A partner in a New Brunswick limited liability partnership who receives a distribution contrary to section 51 is liable to the partnership for the lesser of
(a) the value of the property received by the partner, and
(b) the amount necessary to discharge the partnership obligations that existed at the time of the distribution.
52(2)A partner in a New Brunswick limited liability partnership who authorizes a distribution contrary to section 51 is jointly and severally liable to the partnership for any amount for which a recipient is liable under subsection (1), to the extent that the amount is not recovered from the recipient.
52(3)Proceedings to enforce a liability under this section may be brought by the New Brunswick limited liability partnership, any partner in the partnership or any person to whom the partnership was obligated at the time of the distribution to which the liability relates.
52(4)No proceedings to enforce a liability under this section shall be commenced later than two years after the date of the distribution to which the liability relates.
2003, c.13, s.2