State Codes and Statutes

Statutes > New-york > Ptr > Article-8-a > 121-502

§  121-502. Liability for contributions. (a) Except as provided in the  partnership agreement, a partner is obligated to perform any promise, to  contribute cash or property or to perform services  which  is  otherwise  enforceable  in  accordance with applicable law, even if he is unable to  perform because of death, disability or any other  reason.    Except  as  provided  in  the  partnership agreement, if a partner does not make any  required contribution of property or services, he is  obligated  at  the  option  of  the  limited  partnership  to  contribute cash equal to that  portion of the value, as stated in the partnership records if so stated,  of the contribution that has not been made. The foregoing  option  shall  be  in  addition to, and not in lieu of, any other rights, including the  right to specific performance, that the  limited  partnership  may  have  against such partner under the partnership agreement or applicable law.    (b)  Unless otherwise provided in the partnership agreement and except  as provided in section 121-705 of this  article,  the  obligation  of  a  partner to make a contribution or to return money or other property paid  or  distributed  in violation of this article may be compromised only by  consent of all the partners. Notwithstanding the compromise, a  creditor  of  a  limited  partnership  who  extends  credit  in  reliance  on that  obligation  may  enforce  the  original  obligation  to  the  extent  he  reasonably relied on such obligation.    (c)  A  partnership  agreement  may  provide  that the interest of any  partner who fails to make any required contribution shall be subject  to  specified  consequences of such failure.  Such consequences may take the  form of reducing or eliminating the defaulting partner's interest in the  limited partnership, subordinating his partnership interest to  that  of  nondefaulting  partners,  a forced sale of his partnership interest, the  lending  by  other  partners  of  the  amount  necessary  to  meet   his  commitment,  a  fixing  of  the  value  of  his  partnership interest by  appraisal or by formula  and  redemption  or  sale  of  his  partnership  interest at such value, or other consequences.

State Codes and Statutes

Statutes > New-york > Ptr > Article-8-a > 121-502

§  121-502. Liability for contributions. (a) Except as provided in the  partnership agreement, a partner is obligated to perform any promise, to  contribute cash or property or to perform services  which  is  otherwise  enforceable  in  accordance with applicable law, even if he is unable to  perform because of death, disability or any other  reason.    Except  as  provided  in  the  partnership agreement, if a partner does not make any  required contribution of property or services, he is  obligated  at  the  option  of  the  limited  partnership  to  contribute cash equal to that  portion of the value, as stated in the partnership records if so stated,  of the contribution that has not been made. The foregoing  option  shall  be  in  addition to, and not in lieu of, any other rights, including the  right to specific performance, that the  limited  partnership  may  have  against such partner under the partnership agreement or applicable law.    (b)  Unless otherwise provided in the partnership agreement and except  as provided in section 121-705 of this  article,  the  obligation  of  a  partner to make a contribution or to return money or other property paid  or  distributed  in violation of this article may be compromised only by  consent of all the partners. Notwithstanding the compromise, a  creditor  of  a  limited  partnership  who  extends  credit  in  reliance  on that  obligation  may  enforce  the  original  obligation  to  the  extent  he  reasonably relied on such obligation.    (c)  A  partnership  agreement  may  provide  that the interest of any  partner who fails to make any required contribution shall be subject  to  specified  consequences of such failure.  Such consequences may take the  form of reducing or eliminating the defaulting partner's interest in the  limited partnership, subordinating his partnership interest to  that  of  nondefaulting  partners,  a forced sale of his partnership interest, the  lending  by  other  partners  of  the  amount  necessary  to  meet   his  commitment,  a  fixing  of  the  value  of  his  partnership interest by  appraisal or by formula  and  redemption  or  sale  of  his  partnership  interest at such value, or other consequences.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ptr > Article-8-a > 121-502

§  121-502. Liability for contributions. (a) Except as provided in the  partnership agreement, a partner is obligated to perform any promise, to  contribute cash or property or to perform services  which  is  otherwise  enforceable  in  accordance with applicable law, even if he is unable to  perform because of death, disability or any other  reason.    Except  as  provided  in  the  partnership agreement, if a partner does not make any  required contribution of property or services, he is  obligated  at  the  option  of  the  limited  partnership  to  contribute cash equal to that  portion of the value, as stated in the partnership records if so stated,  of the contribution that has not been made. The foregoing  option  shall  be  in  addition to, and not in lieu of, any other rights, including the  right to specific performance, that the  limited  partnership  may  have  against such partner under the partnership agreement or applicable law.    (b)  Unless otherwise provided in the partnership agreement and except  as provided in section 121-705 of this  article,  the  obligation  of  a  partner to make a contribution or to return money or other property paid  or  distributed  in violation of this article may be compromised only by  consent of all the partners. Notwithstanding the compromise, a  creditor  of  a  limited  partnership  who  extends  credit  in  reliance  on that  obligation  may  enforce  the  original  obligation  to  the  extent  he  reasonably relied on such obligation.    (c)  A  partnership  agreement  may  provide  that the interest of any  partner who fails to make any required contribution shall be subject  to  specified  consequences of such failure.  Such consequences may take the  form of reducing or eliminating the defaulting partner's interest in the  limited partnership, subordinating his partnership interest to  that  of  nondefaulting  partners,  a forced sale of his partnership interest, the  lending  by  other  partners  of  the  amount  necessary  to  meet   his  commitment,  a  fixing  of  the  value  of  his  partnership interest by  appraisal or by formula  and  redemption  or  sale  of  his  partnership  interest at such value, or other consequences.