§ 7-13.1-808. Court proceedings. [Effective January 1, 2023.]
(a) A dissolved limited partnership that has published a notice under § 7-13.1-807 may file an application with the superior court in the county where the partnership’s principle office is located or, if the principal office in not located in this state, where the office of its registered agent is or was last located, for a determination of the amount and form of security to be provided for payment of claims that are contingent, have not been made known to the partnership, or are based on an event occurring after the date of dissolution but which, based on the facts known to the partnership, are reasonably expected to arise after the date of dissolution. Security is not required for any claim that is or is reasonably anticipated to be barred under § 7-13.1-807.
(b) Not later than ten (10) days after the filing of an application under subsection (a) of this section, the dissolved limited partnership shall give notice of the proceeding to each claimant holding a contingent claim known to the partnership.
(c) In a proceeding brought under this section, the court may appoint a guardian ad litem to represent all claimants whose identities are unknown. The reasonable fees and expenses of the guardian, including all reasonable expert witness fees, must be paid by the dissolved limited partnership.
(d) A dissolved limited partnership that provides security in the amount and form ordered by the court under subsection (a) of this section satisfies the partnership’s obligations with respect to claims that are contingent, have not been made known to the partnership, or are based on an event occurring after the date of dissolution, and such claims may not be enforced against a partner or transferee on account of assets received in liquidation.
History of Section.P.L. 2022, ch. 121, § 2, effective January 1, 2023; P.L. 2022, ch. 122, § 2, effective January 1, 2023.
Structure Rhode Island General Laws
Title 7 - Corporations, Associations and Partnerships
Chapter 7-13.1 - Uniform Limited Partnership Act [Effective January 1, 2023.]
Part 8 - Dissolution and Winding Up [Effective January 1, 2023.]
Section 7-13.1-801. - Events causing dissolution. [Effective January 1, 2023.]
Section 7-13.1-802. - Winding up. [Effective January 1, 2023.]
Section 7-13.1-803. - Rescinding dissolution. [Effective January 1, 2023.]
Section 7-13.1-804. - Power to bind partnership after dissolution. [Effective January 1, 2023.]
Section 7-13.1-808. - Court proceedings. [Effective January 1, 2023.]
Section 7-13.1-812. - Issuance of certificates of revocation. [Effective January 1, 2023.]
Section 7-13.1-813. - Reinstatement. [Effective January 1, 2023.]
Section 7-13.1-814. - Judicial review of denial of reinstatement. [Effective January 1, 2023.]