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Business Organizations Code revisor's report, part 4

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lacks capacity a<strong>part</strong> from this chapter. (TRLPA 4.01.)<br />

Source Law<br />

4.01. (a) After the formation of a<br />

limited <strong>part</strong>nership, additional general<br />

<strong>part</strong>ners may be admitted as provided in a<br />

written <strong>part</strong>nership agreement or, if a<br />

written <strong>part</strong>nership agreement does not<br />

provide for the admission of additional<br />

general <strong>part</strong>ners, with the written consent of<br />

all <strong>part</strong>ners.<br />

(b) Any person may be a general <strong>part</strong>ner<br />

unless the person lacks capacity a<strong>part</strong> from<br />

this Act.<br />

Revisor's Note<br />

No substantive change is intended.<br />

Revised Law<br />

Sec. 153.152. GENERAL POWERS AND LIABILITIES OF GENERAL<br />

PARTNER. (a) Except as provided by this chapter, the other<br />

limited <strong>part</strong>nership provisions, or a <strong>part</strong>nership agreement, a<br />

general <strong>part</strong>ner of a limited <strong>part</strong>nership:<br />

(1) has the rights and powers and is subject to the<br />

restrictions of a <strong>part</strong>ner in a <strong>part</strong>nership without limited<br />

<strong>part</strong>ners; and<br />

(2) has the liabilities of a <strong>part</strong>ner in a <strong>part</strong>nership<br />

without limited <strong>part</strong>ners to the <strong>part</strong>nership and to the other<br />

<strong>part</strong>ners.<br />

(b) Except as provided by this chapter or the other limited<br />

<strong>part</strong>nership provisions, a general <strong>part</strong>ner of a limited<br />

<strong>part</strong>nership has the liabilities of a <strong>part</strong>ner in a <strong>part</strong>nership<br />

without limited <strong>part</strong>ners to a person other than the <strong>part</strong>nership<br />

and the other <strong>part</strong>ners. (TRLPA 4.03.)<br />

Source Law<br />

4.03. (a) Except as provided by this<br />

Act or a <strong>part</strong>nership agreement, a general<br />

<strong>part</strong>ner of a limited <strong>part</strong>nership has the<br />

rights and powers and is subject to the<br />

restrictions of a <strong>part</strong>ner in a <strong>part</strong>nership<br />

without limited <strong>part</strong>ners.<br />

(b) Except as provided by this Act, a<br />

general <strong>part</strong>ner of a limited <strong>part</strong>nership has<br />

the liabilities of a <strong>part</strong>ner in a <strong>part</strong>nership<br />

without limited <strong>part</strong>ners to persons other<br />

than the <strong>part</strong>nership and the other <strong>part</strong>ners.<br />

Except as provided by this Act or in the<br />

<strong>part</strong>nership agreement, a general <strong>part</strong>ner of a

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