Legislation
SECTION 20
Partner agent of partnership as to partnership business
Partnership (PTR) CHAPTER 39, ARTICLE 3
§ 20. Partner agent of partnership as to partnership business. 1.
Every partner is an agent of the partnership for the purpose of its
business, and the act of every partner, including the execution in the
partnership name of any instrument, for apparently carrying on in the
usual way the business of the partnership of which he is a member binds
the partnership, unless the partner so acting has in fact no authority
to act for the partnership in the particular matter, and the person with
whom he is dealing has knowledge of the fact that he has no such
authority.
2. An act of a partner which is not apparently for the carrying on of
the business of the partnership in the usual way does not bind the
partnership unless authorized by the other partners.
3. Unless authorized by the other partners or unless they have
abandoned the business, one or more but less than all the partners have
no authority to:
(a) Assign the partnership property in trust for creditors or on the
assignee's promise to pay the debts of the partnership.
(b) Dispose of the good-will of the business.
(c) Do any other act which would make it impossible to carry on the
ordinary business of the partnership.
(d) Confess a judgment.
(e) Submit a partnership claim or liability to arbitration or
reference.
4. No act of a partner in contravention of a restriction on his
authority shall bind the partnership to persons having knowledge of the
restriction.
Every partner is an agent of the partnership for the purpose of its
business, and the act of every partner, including the execution in the
partnership name of any instrument, for apparently carrying on in the
usual way the business of the partnership of which he is a member binds
the partnership, unless the partner so acting has in fact no authority
to act for the partnership in the particular matter, and the person with
whom he is dealing has knowledge of the fact that he has no such
authority.
2. An act of a partner which is not apparently for the carrying on of
the business of the partnership in the usual way does not bind the
partnership unless authorized by the other partners.
3. Unless authorized by the other partners or unless they have
abandoned the business, one or more but less than all the partners have
no authority to:
(a) Assign the partnership property in trust for creditors or on the
assignee's promise to pay the debts of the partnership.
(b) Dispose of the good-will of the business.
(c) Do any other act which would make it impossible to carry on the
ordinary business of the partnership.
(d) Confess a judgment.
(e) Submit a partnership claim or liability to arbitration or
reference.
4. No act of a partner in contravention of a restriction on his
authority shall bind the partnership to persons having knowledge of the
restriction.