Del. Code tit. 6 § 15-703

Current through 2024 Legislative Session Act Chapter 269
Section 15-703 - Dissociated partner's liability to other persons
(a) 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 (b).
(b) 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 Subchapter IX, within one year after the partner's dissociation, only if the partner is liable for the obligation under Section 15-306 and at the time of entering into the transaction the other party:
(1) reasonably believed that the dissociated partner was then a partner and reasonably relied on such belief in entering into the transaction;
(2) did not have notice of the partner's dissociation; and
(3) is not deemed to have had knowledge under Section 15-303(c) or notice under Section 15-704(c).
(c) By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation.
(d) 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.

6 Del. C. § 15-703

72 Del. Laws, c. 151, § 1.;