Hawaii Revised Statutes

Haw. Rev. Stat. § 425-119 (2026)

  Liability of purported partner

✓ current as of July 2026
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     §425-119  Liability of purported partner.  (a)  If a person, by word 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.

     (b)  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 of the partners of the existing partnership consent to the representation, a partnership act or obligation results.  If fewer than all of 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.

     (c)  Except as otherwise provided in subsections (a) and (b), persons who are not partners as to each other are not liable as partners to other persons. [L 1999, c 284, pt of §1]

 

 

Notes of Decisions
Cited in 2 cases, 1984–1999 · leading case: TSA Int'l Ltd. v. Shimizu Corp., 990 P.2d 713 (Haw. 1999).
TSA Int'l Ltd. v. Shimizu Corp., 990 P.2d 713 (Haw. 1999). · cites it 4× “9(b) of the Limited Partnership *262 Agreement 7 and HRS § 425-119 (1993). 8 In addition, it is undisputed that TSA is comprised of eighty-two companies engaged in developing a variety of real estate projects throughout the world.”
Block v. Lea, 688 P.2d 724 (Haw. App. 1984). · cites it 4× “Under HRS §§ 425-119 and 120, 9 Lea had the duty, since he had possession of the partnership’s books and management of its affairs, to render on demand any information to the other partners on those affairs.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.