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18 GCA § 25307

Nature of Partner's Liability

Guam Code AnnotatedTitle 18 — Business Structure and Function
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Except as provided in paragraph

(c)of this Section all partners are liable: COL070307 CH. 25 PARTNERSHIPS IN GENERAL

(a)Jointly and severally for everything chargeable to the partnership under § 25305 and § 25306.

(b)Jointly for all other debts and obligations of the partnership; but any partner may enter in a separate obligation to perform a partnership contract.

(c)A partner in a registered limited liability partnership is not liable directly or indirectly (including by way of indemnification, contribution, assessment or otherwise) for debts, obligations, and liabilities of or chargeable to the partnership, whether in tort, contract or otherwise, arising from omissions, negligence, wrongful acts, misconduct or malpractice committed while the partnership is a registered limited liability partnership and in the course of the partnership business by another partner, or an employee, agent, or representative of the partnership not under his direct supervision and control.

(1)This Section shall not affect the lability of a partner in a registered limited liability partnership for his own omissions, negligence, wrongful acts, misconduct, or malpractice, or that of any person under his direct supervision and control.

(2)A partner in a registered limited liability partnership is not a proper party to a proceeding by or against a registered limited liability partnership, the object of which is to recover damages arising from the acts, omissions, malpractice, or misconduct unless such partner is personally liable under item

(1)of this Subsection (c)

§ The story of this section

  1. Amended by P.L. 23-65 § 4 — introduced as Bill 257-23 · introduced by Felix P. Camacho + 2 cosponsors

Interpreted by the courts:

  • 2012 Guam 4Joseph T. Duenas, as administrator for the Estate of Rosario T. Quichocho, Plaintiff-Appellee v. George and Matilda Kall (2012) · per Katherine A. Maraman, J.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.