(a) To the extent not inconsistent with Section 10A-9A-4.04, a general partner may be joined in an action against the limited partnership or named in a separate action.
(b) 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 a general partner's assets unless there is also a judgment against the general partner.
(c) 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 10A-9A-4.04 and either:
(1) 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;
(2) the limited partnership is a debtor in bankruptcy;
(3) the general partner has agreed that the creditor need not exhaust limited partnership assets;
(4) a court grants permission to the judgment creditor to levy execution against the assets of a general partner based on a finding that limited partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of limited partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court's equitable powers; or
(5) liability is imposed on the general partner by law or contract independent of the existence of the limited partnership.
Structure Code of Alabama
Title 10A - Alabama Business and Nonprofit Entities Code.
Chapter 9A - Alabama Limited Partnership Law.
Section 10A-9A-4.01 - Admission of General Partner.
Section 10A-9A-4.02 - General Partner Agent of Limited Partnership.
Section 10A-9A-4.03 - Limited Partnership Liable for General Partner's Actionable Conduct.
Section 10A-9A-4.04 - General Partner's Liability.
Section 10A-9A-4.05 - Actions by and Against Partnership and Partners.
Section 10A-9A-4.06 - Management Rights of General Partner.
Section 10A-9A-4.07 - Right of General Partner and Former General Partner to Information.
Section 10A-9A-4.08 - General Standards of General Partner's Conduct.