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- Alaska Statutes.
- Title 32. Partnership
- Chapter 6. Uniform Partnership Act
- Section 308. Liability of Purported Partner.
previous: Section 307. Actions By and Against Partnership and Partners.
next: Section 401. Partner's Rights and Duties.
AS 32.06.308. Liability of Purported Partner.
- (a) If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner,
in a partnership or with one or more persons who are not partners, the purported partner is liable to a person to whom
the representation is made if that person, relying on the representation, enters into a transaction with the actual or
purported partnership. If the representation, either by the purported partner or by a person with the purported
partner's consent, is made in a public manner, the purported partner is liable to a person who relies upon the
purported partnership even if the purported partner is not aware of being held out as a partner to the claimant. If
partnership liability results, the purported partner is liable with respect to the liability as if the purported
partner were a partner. If partnership liability does not result, the purported partner is liable with respect to the
liability jointly and severally with any other person consenting to the representation.
- (b) If under (a) of this section a person is represented to be a partner in an existing partnership, or with one or more
persons who are not partners, the purported partner is an agent of the persons consenting to the representation to bind
those persons to the same extent and in the same manner as if the purported partner were a partner with respect to
persons who enter into transactions in reliance upon the representation. If all of the partners of the existing
partnership consent to the representation, a partnership act or obligation results. If fewer than all of the partners
of the existing partnership consent to the representation, the person acting and the partners consenting to the
representation are jointly and severally liable.
- (c) A person is not liable as a partner merely because the person is named by another in a statement of partnership
authority.
- (d) A person does not continue to be liable as a partner merely because of a failure to file a statement of dissociation
or to amend a statement of partnership authority to indicate the partner's dissociation from the partnership.
- (e) Except as otherwise provided in (a) and (b) of this section, persons who are not partners as to each other are not
liable as partners to other persons.
Article 03. RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005