9Liability of partner

#### 9 Liability of partner 9 Liability of partner > > (1) Every partner in a firm other than an incorporated limited partnership is liable jointly with the other partners for all debts and obligations of the firm incurred while the partner is a partner; and (if the partner is an individual) after the partner’s death the partner’s estate is also severally liable in a due course of administration for such debts and obligations so far as they remain unsatisfied, but subject to the prior payment of the partner’s separate debts. > > > (2) Every general partner in an incorporated limited partnership is liable jointly with the incorporated limited partnership for all debts and obligations of the partnership incurred while the general partner is a general partner, and (if the general partner is an individual) after the general partner’s death the general partner’s estate is also severally liable in a due course of administration for such debts or obligations so far as they remain unsatisfied but subject to the prior payment of the partner’s separate debts. > > > (3) Despite subsection (2), a general partner in an incorporated limited partnership is only liable for any debts or obligations of the incorporated limited partnership— > > > > > (a) to the extent the incorporated limited partnership is unable to satisfy the debts and obligations, or > > > > > (b) to a greater extent provided by the partnership agreement. > > **s 9:** Am 1994 No 32, Sch 3; 2004 No 8, Sch 1 \[17\]–\[19\].