Indiana Code

Ind. Code § 23-4-1-9 (2026)

Partner as agent

✓ current as of May 2026

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Sec. 9. (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority.

(2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners.

(3) Unless authorized by the other partners or unless they have abandoned the business, one (1) or more but less than all the partners have no authority to:

(a) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership,

(b) Dispose of the good will of the business,

(d) Confess a judgment,

(e) Submit a partnership claim or liability to arbitration or reference.

(4) No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction.

Formerly: Acts 1949, c.114, s.9.

Notes of Decisions

Cited in 3 cases, 1983–1999 · leading case: Patsy Paris v. United States Dep't of Hous. & Urban Dev., 713 F.2d 1341 (7th Cir. 1983).

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Patsy Paris v. United States Dep't of Hous. & Urban Dev., 713 F.2d 1341 (7th Cir. 1983). “Ind.Code § 23-4-1-9. Thus Toller does indeed have the power, in response to an order of the court, to bind Tee Harbor Associates either to reconvey the property or to enter into a Housing Assistance Payments Contract with the government.”

Nw. Calf Farms, Inc. v. Poirier, 499 N.E.2d 1165 (Ind. Ct. App. 1986). “2d 264, 267 ; Ind.Code 23-4-1-9. Thus, Northwest had adequate notice and opportunity to meet the issue of joint venture liability.”

W. Assur. Co., Inc. v. Connors, 101 F. Supp. 2d 1111 (S.D. Ind. 1999). · cites it 2× “”); Ind.Code § 23-4-1-9(1) (1999) (“Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the *1118 execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of…”

— Ind. Code § 23-4-1-9(1) — 1 case

W. Assur. Co., Inc. v. Connors, 101 F. Supp. 2d 1111 (S.D. Ind. 1999). “”); Ind.Code § 23-4-1-9(1) (1999) (“Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the *1118 execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of…”

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