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ResourcesThai Civil and Commercial CodeBook3Title XXII Chapter II Ordinary Partnerships Part II Relation of Partners Between Themselves

Title XXII Chapter II Ordinary Partnerships Part II Relation of Partners Between Themselves

Page: 137

Section: 1030 - 1039

Section 1030.- If the contribution of a partner consists of the ownership of a property, the relations between such partner and the partnership with regard to delivery and repair, liability for defects, liability for eviction, clause of non-liability, are governed by the provisions of this Code concerning Sale.

 

Section 1031.- If a partner wholly fails to deliver his contribution, a written notice must be given him by a registered letter delivered within a reasonable time, failing which he may be excluded from the partnership by a decision of all the other partners, or of such majority as provided in the contract.

 

Section 1032.- No change in the original contract of partnership or in the nature of the business may be made except by the consent of all the partners, unless there be an agreement providing otherwise.

 

Section 1033.- If nothing has been agreed between the partners as to the management of the business of the partnership, such business may be managed by each of the partners, provided that no partner may enter into a contract to which another partner objects.

In such case, each partner is a managing partner.

 

Section 1034.- If it is agreed that matters relating to the business of the partnership shall be decided by a majority of partners, each partner shall have one vote, irrespective of the amount of his contribution.

 

Section 1035.- If it is agreed that the business of the partnership shall be managed by several managing partners, such business may be managed by each of the managing partners, provided that no managing partner may do anything to which another managing partner objects.

 

Section 1036.- Managing partners may be removed from their position only by the consent of all the other partners, unless there be an agreement providing otherwise.

 

Section 1037.- Even if the partners have agreed that the business of the partnership shall be managed by one or more managing partners, each non-managing partner has the right to enquire at any time into the management of the business and to inspect and copy any of the partnership books and documents.

 

Section 1038.- No partner may either on his own account or on account of another person carry on, without the consent of the other partners, any business of the same nature as and competing with that of the partnership.

If a partner acts contrary to the provisions of this Section, the other partners are entitled to claim from him all the profits which he has made or compensation for the injury which the partnership has suffered thereby, but such claim cannot be entered later than one year after the date of contravention.

 

Section 1039.- A partner is bound to manage the business of the partnership with as much care as he would take of his own business.