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TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

9A. Limited Partnerships, 14-9A-1 through 14-9A-130.

ARTICLE 1 LIMITED PARTNERSHIPS FORMED SINCE FEBRUARY 15, 1952

14-9A-43. Person erroneously believing himself limited partner not liable as general partner.

A person who has contributed to the capital of a business conducted by a person or partnership erroneously believing that he has become a limited partner in a limited partnership is not, by reason of his exercise of the rights of a limited partner, a general partner with the person or in the partnership carrying on the business, or bound by the obligations of such person or partnership if, on ascertaining the mistake, he promptly renounces his interest in the profits of the business or other compensation by way of income.

(Ga. L. 1952, p. 375, § 11; Code 1981, §14-9-43; Code 1981, §14-9A-43, as redesignated by Ga. L. 1988, p. 1016, § 1.)

JUDICIAL DECISIONS

Cited in Franklin v. Rigg, 143 Ga. App. 60, 237 S.E.2d 526 (1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partnership, §§ 865, 866.

U.L.A.

- Uniform Limited Partnership Act (U.L.A.) § 11.

ALR.

- Construction and effect of § 11 of the Uniform Limited Partnership Act providing for modification or limitation of liability upon performance of certain acts by one who erroneously believed he had become a limited partner, 18 A.L.R.2d 1360.