MARVIN MANDEL, Governor                            1941

(H) WHEN THE BUSINESS OF A PARTNERSHIP AFTER
DISSOLUTION IS CONTINUED UNDER ANY CONDITIONS SET FORTH
IN THIS SECTION THE CREDITORS OF THE DISSOLVED
PARTNERSHIP, AS AGAINST THE SEPARATE CREDITORS OF THE
RETIRING OR DECEASED PARTNER OR THE REPRESENTATIVE OF THE
DECEASED PARTNER, HAVE A PRIOR RIGHT TO ANY CLAIM OF THE
RETIRED PARTNER OR THE REPRESENTATIVE OF THE DECEASED
PARTNER AGAINST THE PERSON OR PARTNERSHIP CONTINUING THE
BUSINESS, ON ACCOUNT OF THE RETIRED OR DECEASED PARTNER'S
INTEREST IN THE DISSOLVED PARTNERSHIP OR ON ACCOUNT OF
ANY CONSIDERATION PROMISED FOR SUCH INTEREST OR FOR HIS
RIGHT IN PARTNERSHIP PROPERTY,

(I) NOTHING IN THIS SECTION SHALL BE HELD TO MODIFY
ANY RIGHT OF CREDITORS TO SET ASIDE ANY ASSIGNMENT ON THE
GROUND OF FRAUD.

(J) THE USE BY THE PERSON OR PARTNERSHIP CONTINUING
THE BUSINESS OF THE PARTNERSHIP NAME, OR THE NAME OF A
DECEASED PARTNER AS PART THEREOF, SHALL NOT OF ITSELF
MAKE THE INDIVIDUAL PROPERTY OF THE DECEASED PARTNER
LIABLE FOR ANY DEBTS CONTRACTED BY THE PERSON OR
PARTNERSHIP.

REVISOR'S NOTE: This section presently appears as
Art. 73A, §41. Cross—references are
conformed.

In subsection (j) of this section, the word
"the" is substituted for the word "such."

The only other changes are technical changes
in punctuation.

9-613. RIGHTS OF RETIRING OR ESTATE OF DECEASED PARTNER
WHEN THE BUSINESS IS CONTINUED.

WHEN ANY PARTNER RETIRES OR DIES, AND THE BUSINESS
IS CONTINUED UNDER ANY OF THE CONDITIONS SET FORTH IN
§9-612 (A), (B), (C), (E), AND (F) OR §9-609 (B) (2),
WITHOUT ANY SETTLEMENT OF ACCOUNTS AS BETWEEN HIM OR HIS
ESTATE AND THE PERSON OR PARTNERSHIP CONTINUING THE
BUSINESS, UNLESS OTHERWISE AGREED, HE OR HIS LEGAL
REPRESENTATIVE AS AGAINST SUCH PERSONS OF PARTNERSHIP MAY
HAVE THE VALUE OF HIS INTEREST AT THE DATE OF DISSOLUTION
ASCERTAINED, AND SHALL RECEIVE AS AN ORDINARY CREDITOR AN
AMOUNT EQUAL TO THE VALUE OF HIS INTEREST IN THE
DISSOLVED PARTNERSHIP WITH INTEREST, OR, AT HIS OPTION OR
AT THE OPTION OF HIS LEGAL REPRESENTATIVE, IN LIEU OF
INTEREST, THE PROFITS ATTRIBUTABLE TO THE USE OF HIS
RIGHT IN THE PROPERTY OF THE DISSOLVED PARTNERSHIP;
PROVIDED THAT THE CREDITORS OF DISSOLVED PARTNERSHIP AS
AGAINST THE SEPARATE CREDITORS, OR THE REPRESENTATIVE OF
THE RETIRED OR DECEASED PARTNER, SHALL HAVE PRIORITY ON