67-436. Dissociated partner's liability to other persons.
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/ne/chapter-67/67-436A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A partner's dissociation does not of itself discharge the partner's liability for a partnership obligation incurred before dissociation. A dissociated partner is not liable for a partnership obligation incurred after dissociation, except as otherwise provided in subsection
(2)of this section.
(2)A partner who dissociates without resulting in a dissolution and winding up of the partnership business is liable as a partner to the other party in a transaction entered into by the partnership, or a surviving partnership under sections 67-446 to 67-453 , within two years after the partner's dissociation, only if the partner is liable for the obligation under section 67-418 and at the time of entering into the transaction the other party:
(a)Reasonably believed that the dissociated partner was then a partner;
(b)Did not have notice of the partner's dissociation; and
(c)Is not deemed to have had knowledge under subsection
(5)of section 67-415 or notice under subsection
(3)of section 67-437 .
(3)By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation.
(4)A dissociated partner is released from liability for a partnership obligation if a partnership creditor, with notice of the partner's dissociation but without the partner's consent, agrees to a material alteration in the nature or time of payment of a partnership obligation.