# Tenn. Code Ann. § 61-3-108: Dual capacity

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-108

## Section

- **Citation:** Tenn. Code Ann. § 61-3-108
- **Heading:** Dual capacity
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 61 / Chapter 3 / Section 61-3-108

## Text

A person may be both a general partner and a limited partner. A person that is both a general and limited partner has the rights, powers, duties, and obligations provided by this chapter and the partnership agreement in each of those capacities. When the person acts as a general partner, the person is subject to the obligations, duties, and restrictions under this chapter and the partnership agreement for general partners. When the person acts as a limited partner, the person is subject to the obligations, duties, and restrictions under this chapter and the partnership agreement for limited partners. Added by 2017 Tenn. Acts, ch. 440,s 1, eff. 1/1/2018.
A person may be both a general partner and a limited partner. A person that is both a general and limited partner has the rights, powers, duties, and obligations provided by this chapter and the partnership agreement in each of those capacities. When the person acts as a general partner, the person is subject to the obligations, duties, and restrictions under this chapter and the partnership agreement for general partners. When the person acts as a limited partner, the person is subject to the obligations, duties, and restrictions under this chapter and the partnership agreement for limited partners.
Added by 2017 Tenn. Acts, ch. 440,s 1, eff. 1/1/2018.

## Nearby sections

- [Tenn. Code Ann. § 61-3-101 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-101.md)
- [Tenn. Code Ann. § 61-3-102 Knowledge - notice](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-102.md)
- [Tenn. Code Ann. § 61-3-103 Governing law](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-103.md)
- [Tenn. Code Ann. § 61-3-104 Partnership agreement - Scope, function, and limitations](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-104.md)
- [Tenn. Code Ann. § 61-3-105 Partnership agreement - Effect on limited partnership and person becoming partner - Preformation agreement](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-105.md)
- [Tenn. Code Ann. § 61-3-106 Partnership agreement - Effect on third parties and relationship to records effective on behalf of limited partnership](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-106.md)
- [Tenn. Code Ann. § 61-3-107 Required information](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-107.md)
- [Tenn. Code Ann. § 61-3-108 Dual capacity](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-108.md)
- [Tenn. Code Ann. § 61-3-109 Nature, purpose, and duration of limited partnership](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-109.md)
- [Tenn. Code Ann. § 61-3-110 Powers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-110.md)
- [Tenn. Code Ann. § 61-3-111 Supplemental principles of law](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-111.md)
- [Tenn. Code Ann. § 61-3-112 Permitted names](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-112.md)
- [Tenn. Code Ann. § 61-3-113 Reservation of name](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-113.md)
- [Tenn. Code Ann. § 61-3-114 Registration of name](https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T61_C3_S61-3-108. Check the current official text before relying on it. Not legal advice.