Utah § 1d-308 - Liability of purported partner. (Renumbered 10/1/2026)
Full text of Utah Utah Code § 1d-308 — Liability of purported partner. (Renumbered 10/1/2026), with citation guidance and answers to common questions.
§ 1d-308. Liability of purported partner. (Renumbered 10/1/2026)
48-1d-308. Liability of purported partner.
| (1) | 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 a 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. |
| (2) | If a person is thus 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 the partners of the existing partnership consent to the representation, a partnership act or obligation results. If fewer than all 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. |
| (3) | A person is not liable as a partner merely because the person is named by another in a statement of partnership authority. |
| (4) | 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. |
| (5) | Except as otherwise provided in Subsections (1) and (2), persons who are not partners as to each other are not liable as partners to other persons. |
Renumbered and Amended by Chapter 93, 2026 General Session
Enacted by Chapter 412, 2013 General Session
Source: official Utah text · Last verified 2026-08-27
Frequently Asked Questions About Utah § 1d-308
What does Utah Code § 1d-308 cover?
Section 1d-308 ("Liability of purported partner. (Renumbered 10/1/2026)") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 1d-308?
A common citation format is "Utah Code § 1d-308" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 1d-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah 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 Utah.