State Codes and Statutes

Statutes > Kansas > Chapter56a > Article3 > Statutes_21994

56a-308

Chapter 56a.--KANSAS UNIFORM PARTNERSHIP ACT
Article 3.--RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP

      56a-308.   Liability of purported partner.(a) If a person, by words or conduct, purports tobe a partner, or consents to being represented by another as apartner, in a partnership or with one or more persons not partners,the purported partner is liable to a person to whom therepresentation is made, if that person, relying on therepresentation, enters into a transaction with the actual orpurported partnership. If the representation, either by thepurported partner or by a person with the purported partner'sconsent, is made in a public manner, the purported partner isliable to a person who relies upon the purported partnership evenif the purported partner is not aware of being held out as apartner to the claimant. If partnership liability results, thepurported partner is liable with respect to that liability as ifthe purported partner were a partner. If no partnership liabilityresults, the purported partner is liable with respect to thatliability jointly and severally with any other person consenting tothe representation.

      (b)   If a person is thus represented to be a partner inan existing partnership, or with one or more persons not partners,the purported partner is an agent of persons consenting to therepresentation to bind them to the same extent and in the samemanner as if the purported partner were a partner, with respect topersons who enter into transactions in reliance upon therepresentation. If all of the partners of the existing partnershipconsent to the representation, a partnership act or obligationresults. If fewer than all of the partners of the existingpartnership consent to the representation, the person acting andthe partners consenting to the representation are jointly andseverally liable.

      (c)   A person is not liable as a partner merely becausethe person is named by another in a statement of partnershipauthority.

      (d)   A person does not continue to be liable as a partnermerely because of a failure to file a statement of dissociation orto amend a statement of partnership authority to indicate thepartner's dissociation from the partnership.

      (e)   Except as otherwise provided in subsections (a) and(b), persons who are not partners as to each other are not liableas partners to other persons.

      History:   L. 1998, ch. 93, § 19; Jan. 1, 1999.

State Codes and Statutes

Statutes > Kansas > Chapter56a > Article3 > Statutes_21994

56a-308

Chapter 56a.--KANSAS UNIFORM PARTNERSHIP ACT
Article 3.--RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP

      56a-308.   Liability of purported partner.(a) If a person, by words or conduct, purports tobe a partner, or consents to being represented by another as apartner, in a partnership or with one or more persons not partners,the purported partner is liable to a person to whom therepresentation is made, if that person, relying on therepresentation, enters into a transaction with the actual orpurported partnership. If the representation, either by thepurported partner or by a person with the purported partner'sconsent, is made in a public manner, the purported partner isliable to a person who relies upon the purported partnership evenif the purported partner is not aware of being held out as apartner to the claimant. If partnership liability results, thepurported partner is liable with respect to that liability as ifthe purported partner were a partner. If no partnership liabilityresults, the purported partner is liable with respect to thatliability jointly and severally with any other person consenting tothe representation.

      (b)   If a person is thus represented to be a partner inan existing partnership, or with one or more persons not partners,the purported partner is an agent of persons consenting to therepresentation to bind them to the same extent and in the samemanner as if the purported partner were a partner, with respect topersons who enter into transactions in reliance upon therepresentation. If all of the partners of the existing partnershipconsent to the representation, a partnership act or obligationresults. If fewer than all of the partners of the existingpartnership consent to the representation, the person acting andthe partners consenting to the representation are jointly andseverally liable.

      (c)   A person is not liable as a partner merely becausethe person is named by another in a statement of partnershipauthority.

      (d)   A person does not continue to be liable as a partnermerely because of a failure to file a statement of dissociation orto amend a statement of partnership authority to indicate thepartner's dissociation from the partnership.

      (e)   Except as otherwise provided in subsections (a) and(b), persons who are not partners as to each other are not liableas partners to other persons.

      History:   L. 1998, ch. 93, § 19; Jan. 1, 1999.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter56a > Article3 > Statutes_21994

56a-308

Chapter 56a.--KANSAS UNIFORM PARTNERSHIP ACT
Article 3.--RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP

      56a-308.   Liability of purported partner.(a) If a person, by words or conduct, purports tobe a partner, or consents to being represented by another as apartner, in a partnership or with one or more persons not partners,the purported partner is liable to a person to whom therepresentation is made, if that person, relying on therepresentation, enters into a transaction with the actual orpurported partnership. If the representation, either by thepurported partner or by a person with the purported partner'sconsent, is made in a public manner, the purported partner isliable to a person who relies upon the purported partnership evenif the purported partner is not aware of being held out as apartner to the claimant. If partnership liability results, thepurported partner is liable with respect to that liability as ifthe purported partner were a partner. If no partnership liabilityresults, the purported partner is liable with respect to thatliability jointly and severally with any other person consenting tothe representation.

      (b)   If a person is thus represented to be a partner inan existing partnership, or with one or more persons not partners,the purported partner is an agent of persons consenting to therepresentation to bind them to the same extent and in the samemanner as if the purported partner were a partner, with respect topersons who enter into transactions in reliance upon therepresentation. If all of the partners of the existing partnershipconsent to the representation, a partnership act or obligationresults. If fewer than all of the partners of the existingpartnership consent to the representation, the person acting andthe partners consenting to the representation are jointly andseverally liable.

      (c)   A person is not liable as a partner merely becausethe person is named by another in a statement of partnershipauthority.

      (d)   A person does not continue to be liable as a partnermerely because of a failure to file a statement of dissociation orto amend a statement of partnership authority to indicate thepartner's dissociation from the partnership.

      (e)   Except as otherwise provided in subsections (a) and(b), persons who are not partners as to each other are not liableas partners to other persons.

      History:   L. 1998, ch. 93, § 19; Jan. 1, 1999.