Legal Group Project

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Youngstown State University *

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MKTG-481

Subject

Accounting

Date

Feb 20, 2024

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docx

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1

Uploaded by CaptainWillpower13459

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CJ’s Group #10 Answer The judgment against the ABC PC partnership is mostly on their shoulders. Alice’s scope of personal liability is confined to their capital contribution of $250,000. Under Section 1782.19 of the Ohio Revised Code, “a limited partner shall not become liable for the obligations of a limited partnership unless the limited partner is also a general partner or, in addition to the exercise of the limited partner's rights and powers as a limited partner, the limited partner participates in the control of the business”. Furthermore, “a limited partner does not participate in the control of the business [within the meaning of division (A)] of this section solely by doing one or more of the following… acting as surety, guarantor, or endorser for the limited partnership or a general partner, borrowing money from the limited partnership or a general partner, lending money to the limited partnership or a general partner, or providing collateral for the limited partnership or a general partner.” Thus, Alice cannot be liable for the judgment against ABC PC Partnership since Alice did not participate in the control of the business. Alice only participated as a contributor of capital, which does not constitute control over the business. Alice will lose the $250,000 investment in the company once it tanks, but the consumer group cannot pursue Alice for any other damages that surpass that $250,000. Therefore, Alice is not personally liable for the damages incurred by the ABC PC Partnership. Alice is only responsible for their capital contribution of $250,000.
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