Massachusetts General Laws

Mass. Gen. Laws ch. 108A, § 12 (2026)

Notice to and knowledge of partner; imputation to partnership

✓ current as of July 2026

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Section 12. 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.

Notes of Decisions

Cited in 3 cases, 1991–2007 · leading case: Fed. Deposit Ins. v. Fordham (In Re Fordham), 130 B.R. 632 (Bankr. D. Mass. 1991).

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Fed. Deposit Ins. v. Fordham (In Re Fordham), 130 B.R. 632 (Bankr. D. Mass. 1991). “Mass.Gen.L. ch. 108A, § 9 (Law.Coop.1985 & Supp.”

Fiduciary Trust Co. v. Bingham, Dana & Gould, 789 N.E.2d 171 (Mass. App. Ct. 2003). “See G. L. c. 108A, § 12, which reads: “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…”

Lowenstern v. Epoch Corp., 22 Mass. L. Rptr. 376 (Mass. Super. Ct. 2007). · cites it 2× “G.L.c. 108A, §12. Count I for Breach of Contract As it is unclear whether plaintiffs were intended beneficiaries of the contract, it cannot be said as a matter of law that they cannot bring suit thereon.”

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