State Codes and Statutes

Statutes > Kansas > Chapter58a > Article10 > Statutes_23148

58a-1011

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

      58a-1011.   Interest as general partner.(a) Except asotherwise provided in subsection (c) or unless personal liability is imposed inthe contract, a trustee who holds an interest as a general partner in a generalor limitedpartnership is not personally liable on a contract entered into by thepartnership after the trust'sacquisition of the interest if the fiduciary capacity was disclosed in thecontract or in a statementpreviously filed pursuant to the Kansas uniform partnership act, K.S.A. 56a-101 etseq., and amendments thereto, or therevised uniform limited partnership act, K.S.A.56-1a101 et seq., and amendments thereto.

      (b)   Except as otherwise provided in subsection (c), a trustee who holds aninterest asa general partner is not personally liable for torts committed by thepartnership or for obligationsarising from ownership or control of the interest unless the trustee ispersonally at fault.

      (c)   The immunity provided by this section does not apply if an interest inthepartnership is held by the trustee in a capacity other than that of trustee oris held by the trustee'sspouse or one or more of the trustee's descendants, siblings, or parents, orthe spouse of any of them.

      (d)   If the trustee of a revocable trust holds an interest as a generalpartner, the settloris personally liable for contracts and other obligations of the partnership asif the settlor were ageneral partner.

      History:   L. 2002, ch. 133, § 86; Jan. 1, 2003.

State Codes and Statutes

Statutes > Kansas > Chapter58a > Article10 > Statutes_23148

58a-1011

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

      58a-1011.   Interest as general partner.(a) Except asotherwise provided in subsection (c) or unless personal liability is imposed inthe contract, a trustee who holds an interest as a general partner in a generalor limitedpartnership is not personally liable on a contract entered into by thepartnership after the trust'sacquisition of the interest if the fiduciary capacity was disclosed in thecontract or in a statementpreviously filed pursuant to the Kansas uniform partnership act, K.S.A. 56a-101 etseq., and amendments thereto, or therevised uniform limited partnership act, K.S.A.56-1a101 et seq., and amendments thereto.

      (b)   Except as otherwise provided in subsection (c), a trustee who holds aninterest asa general partner is not personally liable for torts committed by thepartnership or for obligationsarising from ownership or control of the interest unless the trustee ispersonally at fault.

      (c)   The immunity provided by this section does not apply if an interest inthepartnership is held by the trustee in a capacity other than that of trustee oris held by the trustee'sspouse or one or more of the trustee's descendants, siblings, or parents, orthe spouse of any of them.

      (d)   If the trustee of a revocable trust holds an interest as a generalpartner, the settloris personally liable for contracts and other obligations of the partnership asif the settlor were ageneral partner.

      History:   L. 2002, ch. 133, § 86; Jan. 1, 2003.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter58a > Article10 > Statutes_23148

58a-1011

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

      58a-1011.   Interest as general partner.(a) Except asotherwise provided in subsection (c) or unless personal liability is imposed inthe contract, a trustee who holds an interest as a general partner in a generalor limitedpartnership is not personally liable on a contract entered into by thepartnership after the trust'sacquisition of the interest if the fiduciary capacity was disclosed in thecontract or in a statementpreviously filed pursuant to the Kansas uniform partnership act, K.S.A. 56a-101 etseq., and amendments thereto, or therevised uniform limited partnership act, K.S.A.56-1a101 et seq., and amendments thereto.

      (b)   Except as otherwise provided in subsection (c), a trustee who holds aninterest asa general partner is not personally liable for torts committed by thepartnership or for obligationsarising from ownership or control of the interest unless the trustee ispersonally at fault.

      (c)   The immunity provided by this section does not apply if an interest inthepartnership is held by the trustee in a capacity other than that of trustee oris held by the trustee'sspouse or one or more of the trustee's descendants, siblings, or parents, orthe spouse of any of them.

      (d)   If the trustee of a revocable trust holds an interest as a generalpartner, the settloris personally liable for contracts and other obligations of the partnership asif the settlor were ageneral partner.

      History:   L. 2002, ch. 133, § 86; Jan. 1, 2003.