North Dakota Code § 45-15-08

(308) Liability of purported partner
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1. 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.
2. 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.
3. A person is not liable as a partner merely because the person is named by another in 
a statement of partnership authority.
4. 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.
5. Except as otherwise provided in subsections 1 and 2, persons who are not partners as 
to each other are not liable as partners to other persons.

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