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ResourcesThai Civil and Commercial CodeBook3Title XXII Chapter II Ordinary Partnerships Part III Relation of Partners with Third Persons

Title XXII Chapter II Ordinary Partnerships Part III Relation of Partners with Third Persons

Page: 138

Section: 1040 - 1052

Section 1040.- No person may be introduced as a partner in the partnership without the consent of all the partners, unless there be an agreement providing otherwise.

 

Section 1041.- If a partner, without the consent of the other partners, transfers to a third person the whole or part of his share in the profits of the partnership, such third person does not become a partner.

 

Section 1042.- The relations of the managing partners with the other partners are governed by the provisions of this Code concerning Agency.

 

Section 1043.- If a non-managing partner manages the business of the partnership or a managing partner acts beyond the scope of his authority, the provisions of this Code concerning Management of Affairs without Mandate shall be applied.

 

Section 1044.- The share of each partner in the profits or losses is in proportion to his contribution.

 

Section 1045.- If the share of a partner is fixed only as to profits or only as to losses, the proportion is presumed to be the same for profits and losses.

 

Section 1046.- No partner is entitled to remuneration for having managed the business of the partnership, unless there be an agreement providing otherwise.

 

Section 1047.- If the name of a partner, whose membership has ceased, is used in the firm name, he is entitled to demand that such use shall cease.

 

Section 1048.- A partner may claim from the other partners a share even in a transaction where his own name did not appear.

 

PART III

RELATION OF PARTNERS WITH THIRD PERSONS

 

Section 1049.- No partner can acquire any right against third persons by a transaction where his own name did not appear.

 

Section 1050.- All the partners are bound by the acts done by any of them in the ordinary course of the business of the partnership and jointly and unlimitedly liable for the performance of the obligations incurred in such management.

 

Section 1051.- A partner, whose membership has ceased, continues to be liable in respect of obligations incurred by the partnership before such membership ceased.

 

Section 1052.- A person, who becomes member of a partnership, is liable for any obligations incurred by the partnership before he became a partner.