Queensland Consolidated Acts

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PARTNERSHIP ACT 1891 - SECT 17

17 Persons liable by 'holding out'

(1) Everyone who by words spoken or written or by conduct represents himself or herself, or who knowingly suffers himself or herself to be represented, as a partner in a particular firm that is a firm other than a limited partnership or incorporated limited partnership, is liable as a partner to any one who has on the faith of the representation given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffering it to be made.

(2) Everyone who by words spoken or written or by conduct represents himself or herself, or who knowingly suffers himself or herself to be represented, as a general partner in a particular firm that is a limited partnership or an incorporated limited partnership is liable as a general partner to anyone who has on the faith of the representation given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent general partner making the representation or suffering it to be made.

(3) If after a partner's death the partnership business is continued in the old firm-name, the continued use of that name or of the deceased partner's name as part of that name does not of itself make the deceased partner's executors or administrators estate or effects liable under subsection (1) or (2) for any partnership debts contracted after the partner's death.



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