(1) The surname of a limited partner shall not appear in the partnership name, unless:
(a) It is also the surname of a general partner; or
(b) Prior to the time when the limited partner became such, the business had been carried on under a name in which the limited partner's surname appeared.
(2) A limited partner whose name appears in a partnership name contrary to the provisions of subsection (1) of this section is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that the limited partner is not a general partner.
Source: L. 31: p. 628, � 5. CSA: C. 123, � 48. CRS 53: � 104-2-5. C.R.S. 1963: � 104-2-5. L. 2004: (1)(b) and (2) amended, p. 1436, � 110, effective July 1.