Implied Authority of Partners as agent of Firm

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Implied Authority of Partners as agent of Firm

Unread postby Admin » Wed Aug 15, 2012 8:03 am

Implied Authority of Partners as agent of Firm

subject to the provision of section 22 of the act of partner which is done to carry on in the usual way business of the kind carried on by the firm binds the firm.

The authority of a partner to bind the firm conferred by this section is called his implied authority.

In the absence of any usage or custom of trade to the contrary the implied authority of a partner does not empower him to:-

(a) submit a dispute relating to the business of the firm to arbitration.

(b) Open a banking account on behalf of the firm in his own name.

(c) Compromise or relinquish any claim or portion of a claim by the firm,

(d) Withdraw a suit or proceeding filed on behalf of the firm.

(e) Admit any liability in a suit or proceeding against the firm.

(f) Acquire immovable property on behalf of the firm,

(g) Transfer immovable property belonging to the firm or

(h) Enter into partnership on behalf of the firm.
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