(405) Actions by and against partnership and partners
N.D. Cent. Code § 45-10.2-41
in effect45-10.2-41. (405) Actions by and against partnership and partners
1. To the extent not inconsistent with section 45-10.2-40, a general partner may be joined
in an action against the limited partnership or named in a separate action.
2. A judgment against a limited partnership is not by itself a judgment against a general
partner. A judgment against a limited partnership may not be satisfied from assets of a
general partner unless there is also a judgment against the general partner.
3. A judgment creditor of a general partner may not levy execution against the assets of
the general partner to satisfy a judgment based on a claim against the limited
partnership, unless the partner is personally liable for the claim under section
45-10.2-40, and:
a. A judgment based on the same claim has been obtained against the limited
partnership and a writ of execution on the judgment has been returned
unsatisfied in whole or in part;
b. The limited partnership is a debtor in bankruptcy;
c. The general partner has agreed that the creditor need not exhaust limited
partnership assets;
d. A court grants permission to the judgment creditor to levy execution against the
assets of a general partner based on a finding:
(1) That limited partnership assets subject to execution are clearly insufficient to
satisfy the judgment;
(2) That exhaustion of limited partnership assets is excessively burdensome; or
(3) That the grant of permission is an appropriate exercise of equitable powers
of the court; or
e. Liability is imposed on the general partner by law or contract independent of the
existence of the limited partnership.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t45c10-2.pdf#nameddest=45-10p2-41Fetched: 10/16/2026