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)

Verify the text

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.

Can this page be used as legal advice?

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