Representation as partner
18 Representation as partner
(1) A person is liable as a partner in a firm other than an incorporated limited partnership to a creditor of the firm who provided the credit because of a representation that the person is that partner.
(2) A person is liable as a general partner in an incorporated limited partnership to a creditor of the partnership who provided the credit because of a representation that the person is that general partner.
Subsection (1) or (2) has effect:
(a) whether or not the representation was made by the person or with the person's permission or knowledge; and
(b) whether the representation was made orally, in writing or by conduct.
(4) The estate of a partner in a firm is not liable for any debt incurred by the firm after the partner's death only because, after the death:
the same firm name continues to be used; or
the partner's name continues to be used in the firm name.
This Act’s bill:Second reading speech
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