§ 47B-3-1 — Partner agent of partnership

West Virginia § 47B-3-1

• Jurisdiction: West Virginia
• Ch. 47B: UNIFORM PARTNERSHIP ACT
• Art. 3: RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP

Text

Subject to the effect of a statement of partnership authority under section three, article three of this chapter:

(1) Each partner is an agent of the partnership for the purpose of its business. An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership, unless the partner had no authority to act for the partnership in the particular matter and the person with whom the partner was dealing knew or had received a notification that the partner lacked authority.

(2) An act of a partner which is not apparently for carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership only if the act was authorized by the other partners.

Legislative History

1995 Reg. Sess., HB2226