{"data":{"id":"us-nd/n.d.-cent.-code-45-10.2-41","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 45-10.2-41","heading":"(405) Actions by and against partnership and partners","body":"1.To the extent not inconsistent with section 45-10.2-40, a general partner may be joined in an action against the limited partnership or named in a separate action.\n2.A judgment against a limited partnership is not by itself a judgment against a general partner. A judgment against a limited partnership may not be satisfied from assets of a general partner unless there is also a judgment against the general partner.\n3.A judgment creditor of a general partner may not levy execution against the assets of the general partner to satisfy a judgment based on a claim against the limited partnership, unless the partner is personally liable for the claim under section 45-10.2-40, and:\na.A judgment based on the same claim has been obtained against the limited partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part;\nb.The limited partnership is a debtor in bankruptcy;\nc.The general partner has agreed that the creditor need not exhaust limited partnership assets;\nd.A court grants permission to the judgment creditor to levy execution against the assets of a general partner based on a finding:\n(1)That limited partnership assets subject to execution are clearly insufficient to satisfy the judgment;\n(2)That exhaustion of limited partnership assets is excessively burdensome; or\n(3)That the grant of permission is an appropriate exercise of equitable powers of the court; or\ne.Liability is imposed on the general partner by law or contract independent of the existence of the limited partnership.","path":["Title 45 Partnerships","Chapter 45-10.2 Uniform Limited Partnership Act"],"source_url":"https://ndlegis.gov/cencode/t45c10-2.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"594a5f4d67b3a9f95097f75c5dce6daf8e496acdf57fe8e85597e6ba02e00859","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-45-10.2-40","next":"us-nd/n.d.-cent.-code-45-10.2-42"},"notice":"GroundRules: Original legal text. Not legal advice."}