Queensland Numbered Acts

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PARTNERSHIP AND OTHER ACTS AMENDMENT ACT 2004 No. 29 - SECT 11

11 Amendment of s 8 (Power of partner to bind the firm)

(1) Section 8, after 'Every partner'--

insert--

'in a partnership, other than a firm that is a limited partnership or incorporated limited partnership,'.

(2) Section 8, from 'unless'--

omit, insert--

'unless--

(a) the partner so acting has in fact no authority to act for the firm in the particular matter; and
(b) the person with whom the partner is dealing either knows that the partner has no authority, or does not know or believe the partner to be a partner.'.

(3) Section 8--

insert--

'(2) Every general partner in a limited partnership or incorporated limited partnership is an agent of the partnership and of the other general partners for the purpose of the business of the partnership, and the acts of every general partner who does any act for carrying on in the usual way business of the kind carried on by the partnership of which the partner is a member bind the partnership and the other general partners unless--

(a) the general partner so acting has in fact no authority to act for the partnership in the particular matter; and
(b) the person with whom the general partner is dealing either knows that the general partner has no authority, or does not know or believe the general partner to be a general partner.'.


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