Section 16. (1) When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made.
(a) When a partnership liability results he is liable as though he were an actual member of the partnership.
(b) When no partnership liability results he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.
(2) When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Section 1 - Citation of Chapter
Section 3 - Knowledge and Notice; Definition
Section 4 - Interpretation and Construction
Section 5 - Application of Rules of Law and Equity
Section 6 - Partnership, Defined; Application to Prior Associations; Limited Partnerships
Section 7 - Rules for Determining Existence of Partnership
Section 8 - Partnership Property; Acquisition and Conveyance
Section 9 - Partner as Agent of Partnership; Authority
Section 10 - Conveyance to Title to Realty
Section 11 - Admissions and Representations
Section 12 - Notice to and Knowledge of Partner; Imputation to Partnership
Section 13 - Liability of Partnership for Wrongful Acts of Partners
Section 14 - Liability of Partnership for Partner's Misapplication of Money or Property
Section 15 - Joint and Several Liability of Partners
Section 16 - Misrepresentation of Self as Partner; Liability
Section 17 - Liability of New Partner for Partnership Obligations
Section 18 - Rights and Duties of Partners
Section 19 - Partnership Books; Right of Inspection
Section 20 - Disclosure of Information on Demand
Section 22 - Partner's Right to Formal Accounting
Section 23 - Continuation of Partnership Beyond Time Fixed for Termination
Section 26 - Interest in Partnership; Profits
Section 27 - Conveyance of Interest in Partnership; Rights of Assignee
Section 28 - Creditor's Remedy to Reach Partner's Interest in Partnership
Section 29 - Dissolution and Winding Up; Definition
Section 30 - Effect of Dissolution
Section 31 - Causes of Dissolution
Section 32 - Decree of Dissolution
Section 33 - Effect of Dissolution on Partner's Authority
Section 34 - Dissolution by Act, Death or Bankruptcy; Liability to Co-Partners
Section 35 - Authority and Liability After Dissolution
Section 37 - Right to Wind Up Partnership Affairs
Section 38 - Rights of Partners Upon Dissolution
Section 39 - Rights of Partner Entitled to Rescind Partnership
Section 40 - Rules for Settling Accounts Between Partners
Section 41 - Creditors' Rights; Continuing Business of Dissolved Partnership
Section 43 - Right to an Account
Section 44 - Actions to Reach and Apply Corporate Shares and Interests
Section 45 - Registration as Limited Liability Partnership; Annual Report; Withdrawal; Revocation
Section 46 - Name of Registered Limited Liability Partnership
Section 47 - Recognition Outside Commonwealth