Corp. Code, § 16307 · Article 3. Relations of Partners to Persons Dealing with Partnership
Corp. Code, § 16307
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A partnership may sue and be sued in the name of the partnership.
(b) Except as otherwise provided in subdivision (g) of Section 16306, an action may be brought against the partnership and any or all of the partners in the same action or in separate actions.
(c) A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner’s assets unless there is also a judgment against the partner.
(d) A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment based on a claim against the partnership unless any of the following apply:
(1) A judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part.
(2) The partnership is a debtor in bankruptcy.
(3) The partner has agreed that the creditor need not exhaust partnership assets.
(4) A court grants permission to the judgment creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of permission is an appropriate exercise of the court’s equitable powers.
(5) Liability is imposed on the partner by law or contract independent of the existence of the partnership.
(e) This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under Section 16308.
Notes and commentary — not statutory text
History
Added by Stats. 1996, Ch. 1003, Sec. 2. Effective January 1, 1997.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CORP§ionNum=16307.
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- sha256 3d83e21ccedecf69171181ccc681231bd7f880e1148d14549dd5e8811a179c2a
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 14 provisions
Provisions in this library whose text cites Corp. Code, § 16307. Each shows the citation as that text prints it.
Revenue and Taxation Code
- Rev. & Tax. Code, § 6831Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 7983Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 9032Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 30353Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 32388Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 38576Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 40166Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 41127.5Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 43447Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 45608Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 46463Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 50138.5Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 55208Printed as Section 16307 of the Corporations Code
- Rev. & Tax. Code, § 60492Printed as Section 16307 of the Corporations Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.