§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 andliabilities of the partnership, and may be severally sued therefor, without thenecessity of joining the other partners in any action or suit, and shall alsoseverally forfeit to the State $25 for each and every month while the defaultshall continue, to be recovered by action brought in the name of the State bythe director of commerce and consumer affairs; provided that as to theforfeiture penalty, the director may, for good cause shown, reduce or waive thesame.

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

(c)  Any person who negligently but withoutintent to defraud signs or certifies as correct any statement or certificatefiled pursuant to this part, which statement or certificate is false in anymaterial particular, shall be punished by a fine not exceeding $500. [L 1969, c247, 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 heldliable for partnership debts and sued severally therefor.  9 H. 507; 22 H. 455,457.

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

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