Section 20. Partner agent of partnership as to partnership business  


Latest version.
  • 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.