Illinois Compiled Statutes
805 ILCS 206/308 (2026)
Liability of purported partner
✓ current as of May 2026
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(805 ILCS 206/308)
Sec. 308.
Liability of purported partner.
(a) If a person, by words 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) A person is not liable as a partner merely because the person is named
by another in a
statement of partnership authority.
(d) A person does not continue to be liable as a partner merely because of a
failure to file a
statement of dissociation or to amend a statement of partnership authority to
indicate the
partner's dissociation from the partnership.
(e) Except as otherwise provided in subsections (a) and (b) of this Section,
persons who are
not partners as to each other are not liable as partners to other persons.
(Source: P.A. 92-740, eff. 1-1-03.)
(805 ILCS 206/Art. 4 heading) ARTICLE 4
RELATIONS OF PARTNERS TO EACH OTHER
AND TO PARTNERSHIP
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Notes of Decisions
Cited in 3
cases, 2018–2019 · leading case: Landreth v. Raymond P. Fabricius, P.C., 2018 IL App (3d) 150760 (Ill. App. Ct. 2018).
Landreth v. Raymond P. Fabricius, P.C., 2018 IL App (3d) 150760 (Ill. App. Ct. 2018). “Landreth argued that there was no genuine dispute of material fact that PLF was either an unincorporated association organized for pecuniary profit, of which Fabricius was a member, or a "partnership by estoppel" pursuant to section 308 of the Uniform Partnership Act ( 805 ILCS…”
Landreth v. Fabricius, 2018 IL App (3d) 150760 (Ill. App. Ct. 2018). “Landreth argued that there was no genuine dispute of material fact that PLF was either an unincorporated association organized for pecuniary profit, of which Fabricius was a member, or a “partnership by estoppel” pursuant to section 308 of the Uniform Partnership Act (1997) (805…”
Teamsters Local Union No. 727 Pension Fund v. Capital Parking, L.L.C (N.D. Ill. 2019). “52 at ¶¶ 73, 76, 79, is thus only one of several facts upon which the Funds rely for a reasonable inference that Capital Parking is a partnership. Second, while representing oneself as a partner can confer partnership liability even when no partnership exists, see 805 ILCS…”
— 805 ILCS 206/308(a) — 3 cases
Landreth v. Raymond P. Fabricius, P.C., 2018 IL App (3d) 150760 (Ill. App. Ct. 2018). “Landreth argued that there was no genuine dispute of material fact that PLF was either an unincorporated association organized for pecuniary profit, of which Fabricius was a member, or a "partnership by estoppel" pursuant to section 308 of the Uniform Partnership Act ( 805 ILCS…”
Landreth v. Fabricius, 2018 IL App (3d) 150760 (Ill. App. Ct. 2018). “Landreth argued that there was no genuine dispute of material fact that PLF was either an unincorporated association organized for pecuniary profit, of which Fabricius was a member, or a “partnership by estoppel” pursuant to section 308 of the Uniform Partnership Act (1997) (805…”
Teamsters Local Union No. 727 Pension Fund v. Capital Parking, L.L.C (N.D. Ill. 2019). “52 at ¶¶ 73, 76, 79, is thus only one of several facts upon which the Funds rely for a reasonable inference that Capital Parking is a partnership. Second, while representing oneself as a partner can confer partnership liability even when no partnership exists, see 805 ILCS…”
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