(1) Except as provided in subsection (2) of this section, all partners shall be liable:
(a) Jointly and severally for everything chargeable to the partnership under KRS 362.210 and 362.215; and
(b) Jointly for all other debts and obligations of the partnership; but any partner may enter into a separate obligation to perform a partnership contract.
(2) Subject to subsection (3) of this section and subject to any agreement among the partners, a partner in a registered limited liability partnership shall not be liable directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for debts, obligations, and liabilities of or chargeable to the partnership, whether arising in tort, contract, or otherwise, arising from negligence, malpractice, wrongful acts, or misconduct committed while the partnership is a registered limited liability partnership and in the course of the partnership business by another partner or an employee, agent, or representative of the partnership.
(3) Subsection (2) of this section shall not affect the liability of a partner in a registered limited liability partnership for his own negligence, wrongful acts, or misconduct. Effective: June 26, 2007 History: Repeal the prior repeal contained in 2006 Ky. Acts ch. 149, sec. 239, which was to have been effective January 1, 2008, 2007 Ky. Acts ch. 137, sec. 180, effective June 26, 2007. -- Repealed 2006 Ky. Acts ch. 149, sec. 239, effective January 1, 2008. -- Amended 1994 Ky. Acts ch. 389, sec. 97, effective July 15, 1994. -- Created 1954 Ky. Acts ch. 38, sec. 15, effective June 17, 1954.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2001–2024 · leading case:
Roethke v. Sanger, 68 S.W.3d 352 (Ky. 2001).
Roethke v. Sanger, 68 S.W.3d 352 (Ky. 2001).
· cites it 4× “190(1) provides: Subject to the limitations set forth in KRS 362.220 [limited partnerships], every partner shall be an agent of the partnership for the purpose of its business, *359 and the act of every partner, including the execution in the partnership name of any instrument,…”
Abbott v. Chesley, 413 S.W.3d 589 (Ky. 2013).
· cites it 3× “Second, by the manner in which they combined their efforts in the Fen-Phen litigation, CGM engaged in a joint enterprise, or joint adventure, for which joint and several liability is properly assessed pursuant to KRS 362.220. in Roethke v. Sanger, we restated the elements of a…”
Insight Kentucky Partners II, L.P. v. Preferred Auto. Servs., Inc., 514 S.W.3d 537 (Ky. Ct. App. 2016).
“182, but nevertheless determined that the appellants’ claim was essentially contractual, based upon a breach of the attorney-client contract, and further that the appellees had engaged in a joint enterprise, or joint adventure, for which joint and several liability is properly…”
Blevins-Clark v. Beacon Communities, LLC (E.D. Ky. 2024).
· cites it 2× “Rather, her invocation of joint and several liability appears to be in reference to Kentucky Revised Statute Section 362.220, which outlines the nature of a partner’s liability under the Kentucky Uniform Partnership Act.”
— Ky. Rev. Stat. § 362.220(1) — 1 case
Roethke v. Sanger, 68 S.W.3d 352 (Ky. 2001).
“190(1) provides: Subject to the limitations set forth in KRS 362.220 [limited partnerships], every partner shall be an agent of the partnership for the purpose of its business, *359 and the act of every partner, including the execution in the partnership name of any instrument,…”
— Ky. Rev. Stat. § 362.220(1)(a) — 1 case
Roethke v. Sanger, 68 S.W.3d 352 (Ky. 2001).
“190(1) provides: Subject to the limitations set forth in KRS 362.220 [limited partnerships], every partner shall be an agent of the partnership for the purpose of its business, *359 and the act of every partner, including the execution in the partnership name of any instrument,…”
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