{"data":{"id":"us-ky/krs-362.1-308","jurisdiction":"us-ky","citation":"KRS 362.1-308","heading":"Liability of purported partner.","body":"(1) If a person, by words or conduct, purports to be a partner or consents to being\nrepresented by another as a partner in a partnership or with one (1) or more persons\nnot partners, then the purported partner is liable to a person to whom the\nrepresentation i s made, if that person, relying on the representation, enters into a\ntransaction with the actual or purported partnership and the purported partner would\nhave been personally liable for obligations of the partnership under KRS 362.1 -\n306(1).\n(2) Subject to subsection (1) of this section, if the representation, either by the\npurported partner or by a person with the purported partner's consent, is made in a\npublic manner, then the purported partner is liable to a person who relies upon the\npurported partnership even if the purported partner is not aware of being held out as\na partner to the claimant. If partnership liability results, then the purported partner is\nliable with respect to that liability as if the purported partner were a partner. If no\npartnership liability results, then the purported partner is liable with respect to that\nliability jointly and severally with any other person consenting to the representation.\n(3) Subject to subsection (1) of this section, if a person is thus represented to be a\npartner in an existing partnership, or with one or more persons not partners, then the\npurported partner is an agent of persons consenting to the representation to bind\nthem to the same extent and in the same manner as if the purported partner were a\npartner, with respect to persons who enter into transactions in reliance upon the\nrepresentation. If all of the partners of the existing partnership consent to the\nrepresentation, then a partnership act or obligation results. If fewer than all of the\npartners of the existing partnership consent to the representation, then the person\nacting and the partners consenting to the representation are jointly and severally\nliable.\n(4) A person is not liable as a partner merely because the person is named by another in\na statement of partnership authority.\n(5) A person does not continue to be liable as a partner merely because of a failure to\nfile a statement of dissociation or to amend a statement of partnership authority to\nindicate the partner's dissociation from the partnership.\n(6) Except as otherwise provided in subsections (1) and (2) of this section, persons who\nare not partners as to each other are not liable as partners to other persons.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34484","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:57Z","sha256":"65544769856db44605b4868e4fdb9e0459cfd3a60fe88f0f75100c971b47f3d3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-362.1-307","next":"us-ky/krs-362.1-401"},"notice":"GroundRules: Original legal text. Not legal advice."}