§425-13 Personal liability and penalty. 
(a)  If a partner neglects or fails to comply with any provision of this part,
all partners shall be liable jointly and severally for all the debts and
liabilities of the partnership, and may be severally sued therefor, without the
necessity of joining the other partners in any action or suit, and shall also
severally forfeit to the State $25 for each and every month while the default
shall continue, to be recovered by action brought in the name of the State by
the director of commerce and consumer affairs; provided that as to the
forfeiture penalty, the director may, for good cause shown, reduce or waive the
same.



(b)  Any person who signs or certifies as
correct any statement or certificate filed pursuant to this part, knowing the
same to be false in any material particular, shall be fined not more than
$5,000.



(c)  Any person who negligently but without
intent to defraud signs or certifies as correct any statement or certificate
filed pursuant to this part, which statement or certificate is false in any
material particular, shall be punished by a fine not exceeding $500. [L 1969, c
247, pt of §1; am L 1980, c 270, §5; am L 1982, c 204, §8; am L 1983, c 124,
§17]



 



Case Notes



 



  Each member of nonregistered partnership firm may be held
liable for partnership debts and sued severally therefor.  9 H. 507; 22 H. 455,
457.



  Only penalties for nonregistration of copartnership are fine
and liability of one partner for all partnership debts, and where firm is
defendant, plaintiff is relieved of consequences of nonjoinder of partner as
defendant.  Unregistered partnership not liable for individual or personal debt
of one partner.  11 H. 198.



  Noncompliance with statute does not make partnership illegal
and does not affect right of one partner to restrain late copartner from
collecting assets contrary to their agreement.  11 H. 563; 22 H. 196, 198.