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Session Laws, 1975
Volume 716, Page 1921   View pdf image
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MARVIN MANDEL, Governor                            1921

DEBTS OF THE PARTNERSHIP;

(2)   DISPOSE OF THE GOOD WILL OF THE BUSINESS;

(3)    DO ANY OTHER ACT WHICH WOULD MAKE IT
IMPOSSIBLE TO CARRY ON THE ORDINARY BUSINESS OF THE
PARTNERSHIP;

(4) CONFESS A JUDGMENT; OR

(5) SUBMIT A PARTNERSHIP CLAIM OR LIABILITY
TO ARBITRATION OR REFERENCE.

(D) NO ACT OF A PARTNER IN CONTRAVENTION OF A
RESTRICTION ON HIS AUTHORITY SHALL BIND THE PARTNERSHIP
TO PERSONS HAVING KNOWLEDGE OF THE RESTRICTION.

REVISOR'S NOTE: This section presently appears as
Art. 73A, §9.

The word "or" is added at the end of
subsection (c)(4).

The only other changes are technical changes
in punctuation.

9-302. CONVEYANCE OF REAL PROPERTY OF THE PARTNERSHIP.

(A)     WHERE TITLE TO REAL PROPERTY IS IN THE
PARTNERSHIP NAME, ANY PARTNER MAY CONVEY TITLE TO THE
PROPERTY BY A CONVEYANCE EXECUTED IN THE PARTNERSHIP
NAME; BUT THE PARTNERSHIP MAY RECOVER THE PROPERTY
UNLESS THE PARTNER'S ACT BINDS THE PARTNERSHIP UNDER THE
PROVISIONS OF §9-301 (A), OR UNLESS THE PROPERTY HAS BEEN
CONVEYED BY THE GRANTEE OR A PERSON CLAIMING THROUGH THE
GRANTEE TO A HOLDER FOR VALUE WITHOUT KNOWLEDGE THAT THE
PARTNER, IN MAKING THE CONVEYANCE, HAS EXCEEDED HIS
AUTHORITY.

(B)   WHERE TITLE TO REAL PROPERTY IS IN THE NAME OF
THE PARTNERSHIP, A CONVEYANCE EXECUTED BY A PARTNER, IN
HIS OWN NAME, PASSES THE EQUITABLE INTEREST OF THE
PARTNERSHIP, PROVIDED THE ACT IS ONE WITHIN THE AUTHORITY
OF THE PARTNER UNDER THE PROVISIONS OF §9-301 (A).

(C)    WHERE TITLE TO REAL PROPERTY IS IN THE NAME OF
ONE OR MORE BUT NOT ALL THE PARTNERS, AND THE RECORD DOES
NOT DISCLOSE THE RIGHT OF THE PARTNERSHIP, THE PARTNERS
IN WHOSE NAME THE TITLE STANDS MAY CONVEY TITLE TO THE
PROPERTY, BUT THE PARTNERSHIP MAY RECOVER THE PROPERTY
IF THE PARTNERS' ACT DOES NOT BIND THE PARTNERSHIP UNDER
THE PROVISIONS OF §9-301(A), UNLESS THE PURCHASER OR HIS
ASSIGNEE, IS A HOLDER FOR VALUE, WITHOUT KNOWLEDGE.

 

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Session Laws, 1975
Volume 716, Page 1921   View pdf image
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