KRS 362.1-302: Transfer of partnership property.
Where this section sits in the code
(1) Partnership property may be transferred as follows:
(a) Subject to the effect of a statement of partnership authority under KRS 362.1 -
303, partnership property held in the name of the partnership may be
transferred by an instrument of transfer executed by a partner in the
partnership name.
(b) Partnership property held in the name of one (1) or more partners with an
indication in the instrument transferring the property to them of their capacity
as partners or of the existence of a partnership, but without an indication of
the name of the partnership, may be transferred by an instrument of transfer
executed by the persons in whose name the property is held.
(c) Partnership property held in the name of one (1) or more persons other than
the partnership, witho ut an indication in the instrument transferring the
property to them of their capacity as partners or of the existence of a
partnership, may be transferred by an instrument of transfer executed by the
persons in whose name the property is held.
(2) A partnership may recover partnership property from a transferee only if it proves
that execution of the instrument of initial transfer did not bind the partnership under
KRS 362.1-301 and:
(a) As to a subsequent transferee who gave value for property transferred under
subsection (1)(a) or (b) of this section, proves that the subsequent transferee
had notice that the person who executed the instrument of initial transfer
lacked authority to bind the partnership; or
(b) As to a transferee who gave value for propert y transferred under subsection
(1)(c) of this section, proves that the transferee had notice that the property
was partnership property and that the person who executed the instrument of
initial transfer lacked authority to bind the partnership.
(3) A partnership shall not recover partnership property from a subsequent transferee if
the partnership would not have been entitled to recover the property, under
subsection (2) of this section, from any earlier transferee of the property.
(4) If a person holds all of the partners' interests in the partnership, all of the partnership
property vests in that person. The person may execute a document in the name of
the partnership to evidence vesting of the property in that person and may file or
record the document.
Collected 2026-09-05T20:58:57Z. Source file · JSON