Section 41Part 6 — Application of the Partnership Act
Legal proceedings
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Legal proceedings by or against a limited liability partnership or any partn er of a limited liability partnership in the partner ’ s capacity as such shall be instituted only by or against the limited liability partnership and any judgment shall be made in such proceedings in favour of or against the limited liability partnership on ly in the name of the limited liability partnership.
Subject to subsection
, no judgment shall be enforced against any limited liability partnership property unless such judgment has been granted against the limited liability partnership. ( 3 ) Subsec tion (2) shall not affect any right of a judgment creditor of a partner in a limited liability partnership to enforcement against any proceeds representing a payment or other distribution in respect of that partner ’ s partnership interest in the limited lia bility partnership property and any sum due to the partner from the limited liability partnership by way of repayment of a loan.
Execution to enforce a judgment obtained against a limited liability partnership pursuant to subsection (1) or against the person responsible for winding up the affairs of the limited liability partnership pursuant to Part 5 shall only be capable of being issued against and satisfied out of the limited liability partnership property as at the date of such execution (no account being taken of any changes in the partners composing the limited liability partnership prior to such date).
Any person shall have the right to join or otherwise institute proceedings against —
one or more of the partners and any former partner of a limited liability partnership who is liable by virtue of section 7(2) or (3); and
any person holding limited liability partnership property on behalf of a limited liability partnership for the purposes of enforcement against that property.