Partnerships Act 16 of 2012

Non-partners who are liable by “holding out”

(1) A person who is not a partner in a partnership and who by words spoken or written or by conduct—
(a) represents the partnership as a partner; or
(b) knowingly allows the partnership to be represented as a partner, is personally liable as a partner, for any obligation incurred to anyone who, on the faith of that representation, deals with the person.
(2) A person who was a partner at the time a representation was made is liable under subsection (1) even if the representation was not acted on until after the person ceased to be a partner.
(3) Subsection (1) applies—
(a) even if the former partner does not know that the representation has been made or communicated to a person; and
(b) whether the representation is made or communicated in writing, by conduct or otherwise.
(4) A former partner shall be entitled to be indemnified by the partnership in respect of a payment made by the partner to discharge the whole or a part of personal liability under subsection (1) for a partnership obligation or in reasonable settlement of an alleged personal liability under subsection (1).
(5) An indemnity under subsection (4) shall not affect any claim which the partnership or a partner may have against a former partner.
(6) This section shall apply subject to section 33.
Check the current authoritative text and amendment history before relying on a provision.

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