{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-802.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-802.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-802.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-802.html"}],"law_id":61556,"edition_id":1,"section_id":61556,"structure_id":14530,"section_number":"64.2-802","catch_line":"Interest as general partner","history":"2005, c. 935, \u00a7 55-550.11; 2012, c. 614.","full_text":"A\n\nExcept as otherwise provided in subsection C 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 pursuant to the Uniform Partnership Act (§ 50-73.79 et seq.).B\n\nExcept as otherwise provided in subsection C, 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.C\n\nThe 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.D\n\nIf 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.","order_by":null,"text":{"0":{"id":224785,"text":"Except as otherwise provided in subsection C 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 pursuant to the Uniform Partnership Act (§ 50-73.79 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224786,"text":"Except as otherwise provided in subsection C, 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224787,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":224788,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14530,"edition_id":1,"name":"Liability of Trustees and Rights of Persons Dealing With Trustee","identifier":"10","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:48:32","date_modified":"2026-06-26 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This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":76467,"section_number":"50-73.79","catch_line":"Definitions","order_by":null,"url":"\/50-73.79\/"}],"permalink":{"id":274193,"object_type":"law","relational_id":61556,"identifier":"64.2-802","token":"64.2\/III\/7\/10\/64.2-802","url":"\/64.2-802\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-802\/","token":"64.2\/III\/7\/10\/64.2-802","dublin_core":{"Title":"Interest as general partner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-802","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsection C or unless personal liability is imposed in the contract<\/span>, a trustee<\/span> who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract<\/span> entered into by the partnership after the trust’s acquisition of the interest if the fiduciary<\/span> capacity was disclosed in the contract<\/span> or in a statement previously filed pursuant to the Uniform Partnership Act (§ 50-73.79<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in subsection C, a trustee<\/span> who holds an interest as a general partner is not personally liable for torts<\/span> committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee<\/span> is personally at fault. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The immunity provided by this section does not apply if an interest in the partnership is held by the trustee<\/span> in a capacity other than that of trustee<\/span> or is held by the trustee<\/span>’s spouse or one or more of the trustee<\/span>’s descendants, siblings, or parents, or the spouse of any of them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the trustee<\/span> of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts<\/span> and other obligations of the partnership as if the settlor were a general partner. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTEREST AS GENERAL PARTNER (\u00a7 64.2-802)\n\nA. Except as otherwise provided in subsection C or unless personal liability is\nimposed in the contract, a trustee who holds an interest as a general partner in\na general or limited partnership is not personally liable on a contract entered\ninto by the partnership after the trust’s acquisition of the interest if\nthe fiduciary capacity was disclosed in the contract or in a statement\npreviously filed pursuant to the Uniform Partnership Act (§ 50-73.79 et\nseq.).\n\nB. Except as otherwise provided in subsection C, a trustee who holds an interest\nas a general partner is not personally liable for torts committed by the\npartnership or for obligations arising from ownership or control of the interest\nunless the trustee is personally at fault.\n\nC. The immunity provided by this section does not apply if an interest in the\npartnership is held by the trustee in a capacity other than that of trustee or\nis held by the trustee’s spouse or one or more of the trustee’s\ndescendants, siblings, or parents, or the spouse of any of them.\n\nD. If the trustee of a revocable trust holds an interest as a general partner,\nthe settlor is personally liable for contracts and other obligations of the\npartnership as if the settlor were a general partner.\n\nHISTORY: 2005, c. 935, \u00a7 55-550.11; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}