Liability for improper distributions by a limited liability partnership.

Utah Code § 48-1d-505 (until 10/1/2026), under Part 48-1d-5: Contributions and Distributions.

Utah Code § 48-1d-505 (until 10/1/2026)

48-1d-505. Liability for improper distributions by a limited liability partnership.

(1) If a partner of a limited liability partnership consents to a distribution made in violation of Sectionand in consenting to the distribution fails to comply with Section, the partner is personally liable to the limited liability partnership for the amount of the distribution which exceeds the amount that could have been distributed without the violation of Section. 48-1d-504 48-1d-405 48-1d-504

(2) A person that receives a distribution knowing that the distribution violated Sectionis personally liable to the limited liability partnership but only to the extent that the distribution received by the person exceeded the amount that could have been properly paid under Section. 48-1d-504 48-1d-504

(3) A person against which an action is commenced because the person is liable under Subsectionmay: (1) implead any other person that is liable under Subsectionand seek to enforce a right of contribution from the person; and (1) implead any person that received a distribution in violation of Subsectionand seek to enforce a right of contribution from the person in the amount the person received in violation of Subsection. (2) (2)

(4) An action under this section is barred unless commenced not later than two years after the distribution.