Mont. Code Ann. » TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · CHAPTER 10. PARTNERSHIPS IN GENERAL · Part 3. Relation of Partner and Partnership to Other Persons
Montana Code Annotated

Mont. Code Ann. § 35-10-301 (2026)

Partner As Agent Of Partnership

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 35
  3. CHAPTER 10
  4. Part 3
  5. 35-10-301 Partner as agent of partnership

TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

CHAPTER 10. PARTNERSHIPS IN GENERAL

Part 3. Relation of Partner and Partnership to Other Persons

Partner As Agent Of Partnership

35-10-301. Partner as agent of partnership. Subject to the effect of a statement of partnership authority pursuant to 35-10-310:

(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 of the partnership business or business of the kind carried on by the partnership binds the partnership unless the partner has no authority to act for the partnership in the particular matter and the person with whom the partner is dealing knows or has received a notification that the partner lacks authority.

(2) an act of a partner that is not apparently for carrying on in the ordinary course of 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.

History: En. Sec. 9, Ch. 251, L. 1947; R.C.M. 1947, 63-201; amd. Sec. 15, Ch. 238, L. 1993.

Notes of Decisions
Cited in 6 cases, 1980–2003 · leading case: Baltrusch v. Baltrusch, 2003 MT 357 (Mont. 2003).
Sort: Relevance Newest Treatment
Baltrusch v. Baltrusch, 2003 MT 357 (Mont. 2003). · cites it 7× “Section 35-10-301(1), MCA. Specifically, this statute states: *31 [E]ach partner is an agent of the partnership for the purpose of its business.”
Gamble Robinson Co. v. Carousel Props., 688 P.2d 283 (Mont. 1984). · cites it 6× “For this point, Carousel relies on the second clause of Section 35-10-301(1), MCA: “. . . 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…”
Decker Coal Co. v. Commonwealth Edison Co., 714 P.2d 155 (Mont. 1986). · cites it 6× “For example, under Section 35-10-301, MCA, a partnership may own property in its own name.”
Schrammeck v. Fed. Sav. & Loan Ins., 853 P.2d 702 (Mont. 1993). · cites it 34× “The next step in analyzing whether the loan documents bound the partnership is to determine whether Bowers had authority under § 35-10-301(1), MCA, to enter the loan transactions.”
McNabb v. Norine, 664 P.2d 927 (Mont. 1983). · cites it 3× “Section 35-10-301, MCA. Nothing by way of evidence shows the purchase of real estate was the usual way of doing business by Town and Country Real Estate.”
Walsh v. Ellingson Agency, 613 P.2d 1381 (Mont. 1980). · cites it 6× “If the District Court was correct in concluding that a partnership exists between the appellants, the second issue is answered by section 35-10-301(1), MCA, which provides: “Every partner is an agent of the partnership for the purpose of its business, and the act of every…”
Mont. Code Ann. § 35-10-301(1): 4 cases
Baltrusch v. Baltrusch, 2003 MT 357 (Mont. 2003). “Section 35-10-301(1), MCA. Specifically, this statute states: *31 [E]ach partner is an agent of the partnership for the purpose of its business.”
Gamble Robinson Co. v. Carousel Props., 688 P.2d 283 (Mont. 1984). “For this point, Carousel relies on the second clause of Section 35-10-301(1), MCA: “. . . 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…”
Schrammeck v. Fed. Sav. & Loan Ins., 853 P.2d 702 (Mont. 1993). “The next step in analyzing whether the loan documents bound the partnership is to determine whether Bowers had authority under § 35-10-301(1), MCA, to enter the loan transactions.”
Walsh v. Ellingson Agency, 613 P.2d 1381 (Mont. 1980). “If the District Court was correct in concluding that a partnership exists between the appellants, the second issue is answered by section 35-10-301(1), MCA, which provides: “Every partner is an agent of the partnership for the purpose of its business, and the act of every…”
Mont. Code Ann. § 35-10-301(2): 1 case
Gamble Robinson Co. v. Carousel Props., 688 P.2d 283 (Mont. 1984). “For this point, Carousel relies on the second clause of Section 35-10-301(1), MCA: “. . . 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…”
Mont. Code Ann. § 35-10-301(3)(e): 1 case
Decker Coal Co. v. Commonwealth Edison Co., 714 P.2d 155 (Mont. 1986). “For example, under Section 35-10-301, MCA, a partnership may own property in its own name.”
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