§47B-3-6. 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, including a registered limited liability partnership, is not personally liable for any partnership obligation incurred before the person's admission as a partner.
(c) Subject to the provisions of subsection (d) of this section, a partner in a registered limited liability partnership is not personally liable directly or indirectly (including by way of indemnification, contribution or otherwise) for debts, obligations and liabilities of or chargeable to the partnership, whether in tort, contract or otherwise, arising from omissions, negligence, wrongful acts, misconduct or malpractice committed while the partnership is a registered limited liability partnership and in the course of partnership business by another partner or by an employee, agent or representative of the partnership.
(d) Subsection (c) of this section does not affect the liability of a partner in a registered limited liability partnership for the partner's own omissions, negligence, wrongful acts, misconduct or malpractice, or that of any person under the partner's direct supervision and control.
Notes of Decisions
Larry D. Jr. & Pamela Pyles v. Mason Co. Fair, Inc., 806 S.E.2d 806 (W. Va. 2017).
· cites it 2× “Having initially set forth this legal tenet, we proceeded to articulate the critical antecedent omitted by the plaintiffs: “Thus, since all partners are jointly liable for all debts and obligations of a partnership, see W.Va. Code § 47B-3-6(a) (1996), members of a joint venture…”
Armor v. Lantz, 535 S.E.2d 737 (W. Va. 2000).
· cites it 2× “Thus, since all partners are jointly liable for all debts and obligations of a partnership, see W. Va.Code § 47B-3-6(a) (1996), members of a joint venture are likewise jointly and severally liable for all obligations pertaining to the venture, and the actions of the joint…”
Holland v. High Power Energy, 98 F. Supp. 2d 741 (S.D.W. Va 2000).
· cites it 2× “The court concludes that Pratt, as a member of the High Power joint venture, has the equivalent of a 25% general partnership interest in and “with” the joint venture or partnership of High Power, the last signatory operator, and is a related person, with joint and several…”
Carl A. Mascioli v. Louann Mascioli, No. 18-0791 (W. Va. Mar. 5, 2020).
“While this section speaks to an obligation of the partnership, West Virginia Code § 47B-3-6 provides that “all partners are liable jointly and severally for all obligations of the partnership[.”
Terri Ann Wiles & Terry Wiles v. West Virginia Univ. Hospitals, Inc., No. 19-0192 (W. Va. July 31, 2020).
“12 In its order granting summary judgment in favor of WVUH, the circuit court found that “[t]he agreement, by its own terms, is ‘designed to improve the health of the residents of West Virginia through the accomplishments of the integrated missions of teaching, research, care,…”
W. Va. Code § 47B-3-6(a): 4 cases
Larry D. Jr. & Pamela Pyles v. Mason Co. Fair, Inc., 806 S.E.2d 806 (W. Va. 2017).
“Having initially set forth this legal tenet, we proceeded to articulate the critical antecedent omitted by the plaintiffs: “Thus, since all partners are jointly liable for all debts and obligations of a partnership, see W.Va. Code § 47B-3-6(a) (1996), members of a joint venture…”
Armor v. Lantz, 535 S.E.2d 737 (W. Va. 2000).
“Thus, since all partners are jointly liable for all debts and obligations of a partnership, see W. Va.Code § 47B-3-6(a) (1996), members of a joint venture are likewise jointly and severally liable for all obligations pertaining to the venture, and the actions of the joint…”
Holland v. High Power Energy, 98 F. Supp. 2d 741 (S.D.W. Va 2000).
“The court concludes that Pratt, as a member of the High Power joint venture, has the equivalent of a 25% general partnership interest in and “with” the joint venture or partnership of High Power, the last signatory operator, and is a related person, with joint and several…”
Terri Ann Wiles & Terry Wiles v. West Virginia Univ. Hospitals, Inc., No. 19-0192 (W. Va. July 31, 2020).
“12 In its order granting summary judgment in favor of WVUH, the circuit court found that “[t]he agreement, by its own terms, is ‘designed to improve the health of the residents of West Virginia through the accomplishments of the integrated missions of teaching, research, care,…”
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