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COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 2127. Actions by Partnerships and Liquidators.

Rule 2127. Actions by Partnerships and Liquidators.

 (a)  A partnership having a right of action shall prosecute such right in the names of the then partners trading in the firm name, in the following manner: ‘‘A, B and C trading as X & Co.’’

   Official Note

   For the rule applicable to the prosecution of set-offs, counterclaims and cross-actions by a partnership sued in the firm name, see Rule 2128(b).

 (b)  An action prosecuted by the liquidator of a dissolved partnership shall be prosecuted in the name of the liquidator in the following manner: ‘‘A, Liquidator of A, B, and C, late trading as X & Co.’’

 (c)  The failure of a partnership to comply with subdivision (a) of this rule shall not affect the right of the defendant to recover costs from both the partnership and the individual partners.

Source

   The provisions of this Rule 2127 adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.


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