18Representation as partner

18 Representation as partner (1) A person is liable as a partner in a firm other than an incorporated limited partnership to a creditor of the firm who provided the credit because of a representation that the person is that partner. (2) A person is liable as a general partner in an incorporated limited partnership to a creditor of the partnership who provided the credit because of a representation that the person is that general partner.

Part 2 Partnerships generally Division 2 Relationship of partners to persons dealing with them Partnership Act 1997 11 (3) Subsection (1) or (2) has effect: (a) whether or not the representation was made by the person or with the person's permission or knowledge; and (b) whether the representation was made orally, in writing or by conduct. (4) The estate of a partner in a firm is not liable for any debt incurred by the firm after the partner's death only because, after the death: (a) the same firm name continues to be used; or (b) the partner's name continues to be used in the firm name. 19 Representations about firm's affairs (1) A representation about a firm's affairs is evidence against the firm if the representation is made in the ordinary course of the firm's business by: (a) if the firm is not an incorporated limited partnership – a partner in the firm; or (b) otherwise – a general partner in the firm. (2) For this section, a representation includes an admission, and may be made orally, in writing or by conduct.