24. Power of partner to bind General Partnership

(1) Each partner of a General Partnership is an agent of the partnership for the purpose of the partnership’s business, purpose or activity.

(2) An act of a partner of a General Partnership in the ordinary course of the partnership’s business, purpose or activity binds the partnership, unless:

• (a) the partner had no authority to act for the partnership in the particular matter and the Person with whom the partner was dealing had notice that the partner had no authority; or
• (b) there are circumstances of fraud or misrepresentation.

(3) If the partners of a General Partnership agree that a restriction should apply to the power of any 1 or more of them to bind the partnership, nothing done in contravention of the restriction is binding on the partnership in relation to Persons having notice of the restriction.

25. General Partnership legal person

(1) The General Partnership is a legal person and can sue and be sued in its own name.

(2) Subsection (1) does not alter the joint and several liability of the partners.

26. Partners bound by acts on behalf of General Partnership

Without limiting section 24, an act or instrument relating to the business, purpose or activity of a General Partnership is binding on the partnership if it is done or executed in the partnership’s name, or in any other way showing an intention to bind the Partnership, by any authorised Person (whether a partner or not).

27. Partner using resources of General Partnership for private purposes

Unless otherwise agreed by all the partners of a General Partnership, a partner must not use information, money or property of the partnership for a purpose other than the business, purpose or activity conducted by the partnership.

28. Indemnification of partners of General Partnership etc.

Subject to the partnership agreement of a General Partnership, the partnership may indemnify any partner or other Person from and against any and all claims and demands of any kind.