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Hawaii Revised Statutes

Haw. Rev. Stat. § 425-112 (2026)

  Partner agent of partnership

✓ current as of July 2026
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Relations of Partners to

Persons Dealing with Partnership

 

     §425-112  Partner agent of partnership.  Subject to the effect of a partnership registration statement under section 425-1:

     (1)  Each partner is an agent of the partnership for the purpose of its business.  An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership, unless the partner had no authority to act for the partnership in the particular matter and the person with whom the partner was dealing knew or had received a notification that the partner lacked authority.

     (2)  An act of a partner which is not apparently for carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership only if the act was authorized by the other partners. [L 1999, c 284, pt of §1]

 

 

Notes of Decisions
Cited in 3 cases, 1986–2015 · leading case: Fujimoto v. Au, 19 P.3d 699 (Haw. 2001).
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Fujimoto v. Au, 19 P.3d 699 (Haw. 2001). “” [HRS] § 425-112 [ (1993) ]. Great Hawaiian Financial Corp.”
Hayes v. Quincy (In Re WPMK Corp.), 59 B.R. 991 (D. Haw. 1986). “§ 425-112. C. Conclusion In its Second Amended Complaint, the plaintiffs merely alleged that Stern “was a partner in and agent of the law firm of D & S and all acts performed by Stem were undertaken in that capacity.”
Field v. Hinahara, 88 F. Supp. 3d 1175 (D. Haw. 2015). · cites it 5× “” The Bankruptcy Court disagreed, concluding that the plain language of § 425-102(f) (and its predecessor, HRS § 425-112 (1972)) 8 only imputes knowledge of a partner to the partnership, and not to other partners.”
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