(805 ILCS 206/Art. 5 heading)
(805 ILCS 206/501)
Sec. 501.
Partner not co-owner of partnership property.
A partner is not a co-owner of partnership property and has no interest in
partnership property
which can be transferred, either voluntarily or involuntarily.
(Source: P.A. 92-740, eff. 1-1-03.)
(805 ILCS 206/502)
Sec. 502.
Partner's transferable interest in partnership.
The only transferable interest of a partner in the partnership is the
partner's share of the profits
and losses of the partnership and the partner's right to receive distributions.
The interest is
personal property.
(Source: P.A. 92-740, eff. 1-1-03.)
(805 ILCS 206/503)
Sec. 503.
Transfer of partner's transferable interest.
(a) A transfer, in whole or in part, of a partner's transferable interest in
the partnership:
(b) A transferee of a partner's transferable interest in the partnership has
a right:
(c) In a dissolution and winding up, a transferee is entitled to an account
of partnership
transactions only from the date of the latest account agreed to by all of the partners.
(d) Upon transfer, the transferor retains the rights and duties of a partner other than the
interest in distributions transferred.
(e) A partnership need not give effect to a transferee's rights under this
Section until it has
notice of the transfer.
(f) A transfer of a partner's transferable interest in the partnership in
violation of a restriction
on transfer contained in the partnership agreement is ineffective as to a
person having notice of
the restriction at the time of transfer.
(Source: P.A. 92-740, eff. 1-1-03.)
(805 ILCS 206/504)
Sec. 504.
Partner's transferable interest
subject to charging order.
(a) On application by a judgment creditor of a partner or of a partner's
transferee, a court
having jurisdiction may charge the transferable interest of the judgment debtor
to satisfy the
judgment. The court may appoint a receiver of the share of the distributions
due or to become
due to the judgment debtor in respect of the partnership and make all other
orders, directions,
accounts, and inquiries the judgment debtor might have made or which the
circumstances of the
case may require.
(b) A charging order constitutes a lien on the judgment debtor's
transferable interest in the
partnership. The court may order a foreclosure of the interest subject to the
charging order at any
time. The purchaser at the foreclosure sale has the rights of a transferee.
(c) At any time before foreclosure, an interest charged may be redeemed:
(d) This Act does not deprive a partner of a right under exemption laws with
respect to the
partner's interest in the partnership.
(e) This Section provides the exclusive remedy by which a judgment creditor
of a partner or
partner's transferee may satisfy a judgment out of the judgment debtor's
transferable interest in
the partnership.
(Source: P.A. 92-740, eff. 1-1-03.)
Structure Illinois Compiled Statutes
Chapter 805 - BUSINESS ORGANIZATIONS
805 ILCS 206/ - Uniform Partnership Act (1997).
Article 1 - General Provisions
Article 2 - Nature Of Partnership
Article 3 - Relations Of Partners To Persons Dealing With Partnership
Article 4 - Relations Of Partners To Each Other And To Partnership
Article 5 - Transferees And Creditors Of Partner
Article 6 - Partner's Dissociation
Article 7 - Partner's Dissociation When Business Not Wound Up
Article 8 - Winding Up Partnership Business
Article 9 - Conversions And Mergers
Article 10 - Limited Liability Partnership