Ohio § 1776.38
Full text of Ohio Ohio Revised Code § 1776.38, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Ohio § 1776.38
What does Ohio Revised Code § 1776.38 cover?
Section 1776.38 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1776.38?
A common citation format is "Ohio Revised Code § 1776.38" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1776.38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.