ILCS » Chapter 805 · Act 206
Illinois Compiled Statutes

805 ILCS 206/306 (2026)

Partner's liability

✓ current as of May 2026
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(805 ILCS 206/306)
    Sec. 306. Partner's liability.
    (a) Except as otherwise provided in subsections (b) and (c) of this Section, all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law.
    (b) A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation incurred before the person's admission as a partner.
    (c) An obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed immediately before the vote required to become a limited liability partnership under Section 1001(b) of this Act.
(Source: P.A. 92-740, eff. 1-1-03.)

    
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2008–2024 · leading case: In Re Est. of Gallagher, 890 N.E.2d 1249 (Ill. App. Ct. 2008).
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In Re Est. of Gallagher, 890 N.E.2d 1249 (Ill. App. Ct. 2008). · cites it 3× “); see also 805 ILCS 205/90 (West 2004) (the Uniform Partnership Act applies to partnerships formed before January 1, 2003)). With certain exceptions not applicable here, section 15 of the Act renders partners jointly liable — as opposed to jointly and severally liable — for the…”
Landreth v. Fabricius, 2018 IL App (3d) 150760 (Ill. App. Ct. 2018). “, 805 ILCS 206/306(a) (2012) (“all partners are liable jointly and severally for all obligations of the partnership”).”
Mason v. RJK Investors (In re Klarchek), 509 B.R. 175 (Bankr. N.D. Ill. 2014). “Illinois law provides general partners are jointly and severally liable with the partnership for all of the partnership’s obligations, 805 ILCS 206/306, and RJK concedes as much in its Response, when it states that “[a]s the managing general partner of a general partnership,…”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “805 ILCS 206/306(a) (West 2012). Insofar as the plaintiff seeks to recover from the partners, however, “[a] judgment against a partnership may not be satisfied from a partner’s assets unless there is also a judgment against the partner.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “805 ILCS 206/306(a) (West 2012). Insofar as the plaintiff seeks to recover from the partners, however, "[a] judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner.”
Teamsters Local Union No. 727 Pension Fund v. Capital Parking, L.L.C (N.D. Ill. 2019). · cites it 2× “2018), the Funds argue that under 805 ILCS 206/306, no such representation is necessary where, as here, a partnership does exist, Doc.”
In re Est. of Gallagher (Ill. App. Ct. 2008). · cites it 3× “)); see also 805 ILCS 205/90 (West 2004) (the Uniform Partnership Act applies to partnerships formed before January 1, 2003)). With certain exceptions not applicable here, section 15 of the Act renders partners jointly liable-- as opposed to jointly and severally liable--for the…”
City of Zeigler v. Uhls (Bankr. S.D. Ill. 2023). “Like the applicable California law in Bartenwerfer, Illinois partnership law provides for vicarious liability of partners for the debts of the partnership.”
Jerlib Investers, LLC v. Cohn & Cohn (N.D. Ill. 2024). “805 ILCS 206/306(a) (emphasis added). Erwin and Charles are “joint and severally” liable for the JerLib’s losses.”
— 805 ILCS 206/306(a) — 7 cases
In Re Est. of Gallagher, 890 N.E.2d 1249 (Ill. App. Ct. 2008). “); see also 805 ILCS 205/90 (West 2004) (the Uniform Partnership Act applies to partnerships formed before January 1, 2003)). With certain exceptions not applicable here, section 15 of the Act renders partners jointly liable — as opposed to jointly and severally liable — for the…”
Landreth v. Fabricius, 2018 IL App (3d) 150760 (Ill. App. Ct. 2018). “, 805 ILCS 206/306(a) (2012) (“all partners are liable jointly and severally for all obligations of the partnership”).”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “805 ILCS 206/306(a) (West 2012). Insofar as the plaintiff seeks to recover from the partners, however, “[a] judgment against a partnership may not be satisfied from a partner’s assets unless there is also a judgment against the partner.”
Andrews v. Gonzalez, 2014 IL App (1st) 140342 (Ill. App. Ct. 2014). “805 ILCS 206/306(a) (West 2012). Insofar as the plaintiff seeks to recover from the partners, however, "[a] judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner.”
In re Est. of Gallagher (Ill. App. Ct. 2008). “)); see also 805 ILCS 205/90 (West 2004) (the Uniform Partnership Act applies to partnerships formed before January 1, 2003)). With certain exceptions not applicable here, section 15 of the Act renders partners jointly liable-- as opposed to jointly and severally liable--for the…”
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