Title 14, Chapter 8, Section 9
( 14-8-9)
Subject to the provisions of Code Section 14-8-10.1: (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 in
the partnership agreement, at the time of the transaction or at
any other time; (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 a 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
authority shall bind the partnership to persons having knowledge
of the restriction. |