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How Certain Can You Be Of A General Partner’s Authority?

In this post, Professor Douglas K. Moll attacks the question of whether a partner has “actual authority, simply as a matter of his ‘partner’ status, to bind the partnership to an ordinary business transaction”: On the one hand, RUPA [Revised Uniform Partnership Act] § 401(j) states that “[a] difference arising as to a matter in the ordinary…

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One May Be The Loneliest Number But It’s Not A Partnership

Yesterday, a California Court of Appeal concluded that the idea of a one person partnership under the Revised Uniform Partnership Act has as much reality as a number whose square is a negative number.  Corrales v. Corrales involved two brothers who used a “stationary-store form” to form a partnership.  As the trial court observed, the partners then proceeded to…

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