HRS §554D-1011
Trustee's protection from partnership debts
This section protects a trustee who is a general partner in a partnership from being personally responsible for the partnership's contracts and debts, as long as the trustee acts in a trustee role and is not at fault. The protection does not apply if the trustee holds the interest in another capacity or if certain family members hold it. If the trust is revocable, the person who created the trust is personally responsible for partnership obligations.
trustees
The statute, as written — Interest as general partner
(a) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership shall not be personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to part IV of chapter 425, the Uniform Partnership Act, or chapter 425E, Uniform Limited Partnership Act. (b) A trustee who holds an interest as a general partner shall not be personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault. (c) The immunity provided by this section shall not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse, one or more of the trustee's descendants, siblings, or parents, or a spouse of any of them. (d) If the trustee of a revocable trust holds an interest as a general partner, the settlor shall be personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
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