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O.C.G.A. § 14-8-12 — Notice to or knowledge of the partnership | Georgia Code
O.C.G.A. § 14-8-12 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 8. Partnerships, 14-8-1 through 14-8-64.

ARTICLE 3 CORPORATIONS ORGANIZED FOR RELIGIOUS, FRATERNAL, OR EDUCATIONAL PURPOSES

14-8-12. Notice to or knowledge of the partnership.

Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner operate as notice to or knowledge of the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.

(Code 1981, §14-8-12, enacted by Ga. L. 1984, p. 1439, § 1.)

COMMENT

Note to Uniform Partnership Act This section sets forth rules for determining when the partnership should be charged with notice or knowledge of facts. A partnership has notice or knowledge of a fact not only when notice is given to a partner but also when the fact is known by the responsible partner (even if he learned it before becoming a partner) or by another partner who could have been expected to communicate the fact to the responsible partner.

Prior Georgia Law There were no comparable provisions or cases on point.

Official UPA This section is the same as the official version.

Cross-References Definitions of "notice" and "knowledge": § 14-8-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partnership, § 207.

C.J.S.

- 68 C.J.S., Partnership, §§ 194, 195.

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.