36 Rights of persons dealing with firm against apparent members of firm.U.K.
(1)Where a person deals with a firm after a change in its constitution he is entitled to treat all apparent members of the old firm as still being members of the firm until he has notice of the change.
(2)An advertisement in the London Gazette as to a firm whose principal place of business is in England or Wales, in the Edinburgh Gazette as to a firm whose principal place of business is in Scotland, and in the [F1Belfast Gazette] as to a firm whose principal place of business is in Ireland, shall be notice as to persons who had not dealings with the firm before the date of the dissolution or change so advertised.
(3)The estate of a partner who dies, or who becomes bankrupt, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable for partnership debts contracted after the date of the death, bankruptcy, or retirement respectively.
Textual Amendments
F1Words substituted by virtue of S.R. & O. 1921/1804 (Rev. XVI, p. 967: 1921, p. 422) art. 7(a)
Modifications etc. (not altering text)
C1S. 36(1) excluded by 1907 c. 24, s. 6(6) (as inserted (6.4.2017) by The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 2(4)(e))
C2Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2
C3S. 36(3) applied (E.W.) (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3), ss. 82(5), 97(2); S.I. 2018/35, art. 2(w)