State Codes and Statutes

Statutes > Wisconsin > 178 > 178.12

178.12

178.12 Liability of partners.

178.12(1)

(1) Except as provided in sub. (2), all partners are liable:

178.12(1)(a)

(a) Jointly and severally for everything chargeable to the partnership under ss. 178.10 and 178.11.

178.12(1)(b)

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

178.12(2)

(2) Except as provided in sub. (3), a partner in a registered limited liability partnership is not personally liable directly or indirectly, or by way of indemnification, contribution, assessment or otherwise, for any debt, obligation or liability of the partnership, whether in tort, contract or otherwise, and including any debt, obligation or liability arising from omissions, negligence, wrongful acts, misconduct or malpractice, arising while the partnership is a registered limited liability partnership.

178.12(3)

(3) Subsection (2) does not affect the liability of a partner in a registered limited liability partnership for any of the following:

178.12(3)(a)

(a) The partner's own omissions, negligence, wrongful acts, misconduct or malpractice.

178.12(3)(b)

(b) The omissions, negligence, wrongful acts, misconduct or malpractice of any person acting under the partner's actual supervision and control in the specific activity in which the omissions, negligence, wrongful acts, misconduct or malpractice occurred.

178.12(3)(c)

(c) Any other debts, obligations and liabilities resulting from the partner's acts or conduct other than as a partner.

178.12(3)(d)

(d) Any liability that the partner may have under s. 13.69 (1).

178.12(4)

(4) A partner in a registered limited liability partnership is not a proper defendant in a proceeding to recover damages or to enforce obligations of the type described in sub. (2) unless the partner is alleged in good faith to be personally liable under sub. (3).

178.12 - ANNOT.

History: 1995 a. 97.