Ohio Code § 1776.38
Ohio Code § 1776.38. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1776.38.
(A) If a person, by words or conduct, purports to be a partner, or consents to being
represented by another as a partner, in a partnership or with one or more persons
not partners, the purported partner is liable to any person to whom the representation
is made if that person, relying on the representation, enters into a transaction with
the actual or purported partnership. If the representation, either by the purported partner or by a person with the purported
partner's consent, is made in a public manner, the purported partner is liable to
a person who relies upon the purported partnership even if the purported partner is
not aware of being held out as a partner to the claimant. If partnership liability results, the purported partner is liable with respect to
that liability as if the purported partner were a partner. If no partnership liability results, the purported partner is liable with respect
to that liability jointly and severally with any other person consenting to the representation. (B) If a person is represented to be a partner in an existing partnership, or with one
or more persons not partners, the purported partner is an agent of persons consenting
to the representation to bind them to the same extent and in the same manner as if
the purported partner were a partner, with respect to persons who enter into transactions
in reliance upon the representation. If all of the partners of the existing partnership consent to the representation,
a partnership act or obligation results. If fewer than all of the partners of the existing partnership consent to the representation,
the person acting and the partners consenting to the representation are jointly and
severally liable. (C) A person is not liable as a partner merely because the person is named by another
in a statement of partnership authority. (D) A person does not continue to be liable as a partner merely because of a failure
to file a statement of dissociation or to amend a statement of partnership authority
to indicate the partner's dissociation from the partnership. (E) Except as otherwise provided in divisions (A) and (B) of this section, persons who
are not partners as to each other are not liable as partners as to other persons.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1776.38
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 1776.38?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1776.38 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 1776.38 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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