A. Each general partner is an agent of the limited partnership for the purposes of its activities. An act of a general partner, including the signing of a record in the partnership's name, for apparently carrying on in the ordinary course the limited partnership's activities or activities of the kind carried on by the limited partnership binds the limited partnership, unless the general partner did not have authority to act for the limited partnership in the particular matter and the person with which the general partner was dealing knew, had received a notification or had notice pursuant to Subsection D of Section 103 [54-2A-103 NMSA 1978] of the Uniform Revised Limited Partnership Act that the general partner lacked authority.
B. An act of a general partner that is not apparently for carrying on in the ordinary course the limited partnership's activities or activities of the kind carried on by the limited partnership binds the limited partnership only if the act was actually authorized by all the other partners.
History: Laws 2007, ch. 129, § 402.
Effective dates. — Laws 2007, ch. 129, § 1208 made the section effective January 1, 2008.
Structure 2021 New Mexico Statutes
Article 2A - Uniform Revised Limited Partnership Act
Section 54-2A-401 - Becoming general partner.
Section 54-2A-402 - General partner agent of limited partnership.
Section 54-2A-403 - Limited partnership liable for general partner's actionable conduct.
Section 54-2A-404 - General partner's liability.
Section 54-2A-405 - Actions by and against partnership and partners.
Section 54-2A-406 - Management rights of general partner.
Section 54-2A-407 - Right of general partner and former general partner to information.
Section 54-2A-408 - General standards of general partner's conduct.