O.C.G.A.

O.C.G.A. § 14-9-705 (2019)

Power of legal representative of deceased or incompetent partner

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If a partner who is an individual dies or a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the partner’s executor, administrator, conservator, or other legal representative may exercise all the partner’s rights for the purpose of settling his estate or administering his property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor.

(b) The estate of a deceased partner or the successor of a partner that is a dissolved or terminated corporation, trust, or other entity shall be liable for all of the partner’s liabilities as a partner.

History

(Code 1981, § 14-9-705, enacted by Ga. L. 1988, p. 1016, § 1.)

Annotations

COMMENT Note to Georgia Revised Uniform Limited Partnership Act This section provides for succession to the rights, powers and liabilities of a deceased partner. Prior Georgia Law Section 14-9A-51, which applies only to deceased partners, is similar except that it refers to partners instead of only limited partners, as well as to partners that are not individuals. Comparison With Official RULPA Subsection (b), which is not in the official version, is based on prior Section 14-9A-51, with the differences noted in Prior Georgia Law, above. Cross-References Events causing person to cease to be a partner: § 14-9-602. Right of withdrawing partner to receive distribution: § 14-9-604. Dissolution on withdrawal of general partner: § 14-9-801(3). Distribution on dissolution of partnership: § 14-9-804. RESEARCH REFERENCES Am. Jur. 2d. - 59A Am. Jur. 2d, Partnership, § 808 et seq. C.J.S. - 68 C.J.S., Partnership, § 589.

ARTICLE 8 DISSOLUTION

Administrative rules and regulations. - Cancellations, Revocations and Withdrawals, Official Compilation of the Rules and Regulations of the State of

Georgia, Office of Secretary of State, Limited Partnerships, Commissioner of Corporations, Chapter 590-7-16.

Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: Trauner v. Thadikamalla (In re Thadikamalla), 481 B.R. 232 (Bankr. N.D. Ga. 2012).
Trauner v. Thadikamalla (In re Thadikamalla), 481 B.R. 232 (Bankr. N.D. Ga. 2012). · cites it 2× “O.C.G.A. § 14-9-705. When a partnership is dissolved by death of an individual general partner, the legal representative of the estate of the deceased general partner shall receive as an ordinary creditor an amount equal to his interest in the dissolved partnership.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.