O.C.G.A.
O.C.G.A.

14-9A-80 (2019)

Party to proceedings

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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 contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner's right against, or liability to, the partnership.

History

(Ga. L. 1952, p. 375, § 26; Code 1981, § 14-9-80; Code 1981, § 14-9A-80, as redesignated by Ga. L. 1988, p. 1016, § 1.)

Annotations

JUDICIAL DECISIONS

Nature of claims against partnership. - When limited partners alleged that they had not received their portion of the financial items produced by the limited partnership and that their right to vote their shares was violated, it was error to dismiss their claims as derivative, as the alleged injury was to themselves and not to the partnership; however, it was proper to dismiss a claim based on a contractual relationship between the partnership and a third party, as if the claim had any merit it would inure to the benefit of the entire partnership. Hendry v. Wells, 286 Ga. App. 774, 650 S.E.2d 338 (2007), cert. denied, No. S07C1835, 2008 Ga. LEXIS 102 (Ga. 2008).

RESEARCH REFERENCES

Am. Jur. 2d. - 59A Am. Jur. 2d, Partnership, § 873 et seq.

C.J.S. - 68 C.J.S., Partnership, § 602 et seq.

U.L.A. - Uniform Limited Partnership Act (U.L.A.) § 26.

ALR. - Parties plaintiff to actions based on libel or slander of a firm or its members, 52 A.L.R. 912.

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PART 6 DISSOLUTION

Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Hendry v. Wells, 650 S.E.2d 338 (Ga. Ct. App. 2007).
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Hendry v. Wells, 650 S.E.2d 338 (Ga. Ct. App. 2007). · cites it 4× “See OCGA § 14-9A-80. That section provides that a limited partner “is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner’s right against, or liability to, the 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.