Use of surname of limited partner in partnership name; liability of limited partner if surname improperly used

(a) The surname of a limited partner shall not appear in the partnership name, unless: (1) It is also the surname of a general partner; or (2) Prior to the time when the limited partner became such, the business had been carried on under a name in which his surname appeared. (b) A limited partner whose name appears in a partnership name contrary to subsection (a) of this Code section is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner. (Ga. L. 1952, p. 375, § 5; Code 1981, § 14-9-22; Code 1981, § 14-9A-22, as redesignated by Ga. L. 1988, p. 1016, § 1.)