[§425E-509]
Liability for improper distributions. (a) A general partner that
consents to a distribution made in violation of section 425E-508 shall be
personally liable to the limited partnership for the amount of the distribution
which exceeds the amount that could have been distributed without the violation
if it is established that in consenting to the distribution the general partner
failed to comply with section 425E-408.
(b) A partner or transferee that received a
distribution knowing that the distribution to that partner or transferee was
made in violation of section 425E-508 shall be personally liable to the limited
partnership but only to the extent that the distribution received by the
partner or transferee exceeded the amount that could have been properly paid
under section 425E-508.
(c) A general partner against which an action
is commenced under subsection (a) may:
(1) Implead in the action any other person that is
liable under subsection (a) and compel contribution from the person; and
(2) Implead in the action any person that received a
distribution in violation of subsection (b) and compel contribution from the
person in the amount the person received in violation of subsection (b).
(d) An action under this section is barred if
it is not commenced within two years after the distribution. [L 2003, c 210, pt
of §1]