Sec. 7911.
(1) Except as otherwise provided in subsection (3), a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Michigan revised uniform limited partnership act, 1982 PA 213, MCL 449.1101 to 449.2108, or was known by the other party to the contract.
(2) Except as otherwise provided in subsection (3), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(3) The immunity provided by this section does not apply with respect to a general partnership interest held in any capacity other than as trustee.
(4) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
History: Add. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Article VII - Michigan Trust Code (700.7101...700.7913)
Section 700.7901 - Remedies for Breach of Trust.
Section 700.7902 - Breach of Trust; Liability; Damages.
Section 700.7903 - Damages in Absence of Breach.
Section 700.7905 - Commencement of Proceedings; Limitations.
Section 700.7906 - Reliance on Trust Instrument.
Section 700.7907 - Event Affecting Administration or Distribution.
Section 700.7908 - Exculpation of Trustee.
Section 700.7909 - Beneficiary's Consent, Release, or Ratification of Transaction.
Section 700.7910 - Personal Liability of Trustee; Limitation.
Section 700.7911 - Interest as General Partner.
Section 700.7912 - Protection of Person Dealing With Trustee.