Section 16Part 3 — Relations of Partners
Agency of partner in a limited liability partnership
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A partner in a limited liability partn ership is not an agent of the other partners in that limited liability partnership.
Every partner in a limited liability partnership is the agent of that limited liability partnership and accordingly, but subject to subsection
, the acts of a partne r in the partner ’ s capacity as a partner shall bind the limited liability partnership. ( 3 ) The acts of a partner in a limited liability partnership shall not bind that limited liability partnership where —
the partner is not acting as a partner or is acting without authority; and
the person with whom the partner is dealing knows or should know that to be the position.
A partner shall not be considered to be acting with authority unless the partner is acting —
in the ordinary course of the b usiness of the limited liability partnership; or
with express authority conferred by or pursuant to the partnership agreement.
For the purposes of subsection (3), a person shall be deemed to have notice of the partners identified in the registratio n statements delivered to the Registrar pursuant to sections 18(3)(d) and 19(1).