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Section: 456.010.1011 Interest As General Partner. Rsmo 456.10-1011


Published: 2015

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Missouri Revised Statutes













Chapter 456

Trusts and Trustees--The Uniform Trust Code

←456.10-1010

Section 456.10-1011.1

456.10-1012→

August 28, 2015

Interest as general partner.

456.10-1011. 1. Except as otherwise provided in subsection 3 of this

section or unless personal liability is imposed in the contract, a trustee

who holds an interest as a general partner in a general or limited

partnership is not personally liable on a contract entered into by the

partnership after the trust's acquisition of the interest if the fiduciary

capacity was disclosed in the contract or in a statement previously filed

with the secretary of state of this state.



2. Except as otherwise provided in subsection 3 of this section, a

trustee who holds an interest as a general partner is not personally liable

for torts committed by the partnership or for obligations arising from

ownership or control of the interest unless the trustee is personally at fault.



3. The immunity provided by this section does not apply if an interest in

the partnership is held by the trustee in a capacity other than that of

trustee or is held by the trustee's spouse or one or more of the trustee's

descendants, siblings, or parents, or the spouse of any of them.



4. If the trustee of a revocable trust holds an interest as a general

partner, the settlor is personally liable for contracts and other obligations

of the partnership as if the settlor were a general partner.



(L. 2004 H.B. 1511)



Effective 1-01-05







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