Sec. 152.608. DEFERRED PAYMENT ON WRONGFUL WITHDRAWAL. (a) A partner who wrongfully withdraws before the expiration of the partnership's period of duration, the completion of a particular undertaking, or the occurrence of a specified event requiring a winding up of partnership business is not entitled to receive any portion of the redemption price until the expiration of the period, the completion of the undertaking, or the occurrence of the specified event, as appropriate, unless the partner establishes to the satisfaction of a court that earlier payment will not cause undue hardship to the partnership.
(b) A deferred payment accrues interest.
(c) The withdrawn partner may seek to demonstrate to the satisfaction of the court that security for a deferred payment is appropriate.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737), Sec. 110, eff. September 1, 2007.
Structure Texas Statutes
Chapter 152 - General Partnerships
Subchapter H. Redemption of Withdrawing Partner's or Transferee's Interest
Section 152.601. Redemption if Partnership Not Wound Up
Section 152.602. Redemption Price
Section 152.603. Contribution Obligation
Section 152.604. Setoff for Certain Damages
Section 152.605. Accrual of Interest
Section 152.606. Indemnification of Withdrawn Partner
Section 152.607. Demand or Payment of Estimated Redemption
Section 152.608. Deferred Payment on Wrongful Withdrawal
Section 152.609. Action to Determine Terms of Redemption
Section 152.610. Deferred Payment on Winding Up Partnership
Section 152.611. Redemption of Transferee's Partnership Interest
Section 152.612. Action to Determine Transferee's Redemption Price