reglab/housing_qa huggingface dataset:
NC Gen Stat § 59-35 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-35 - Rules for cases not provided for in this Act.

 59-35. Rules for cases not provided for in this Act.In any case not provided for in this Act, the rules of law and equity, including the law merchant, shall govern. (1941, c. 374, s. 5; 2000-140, s. 101(m).)
NC Gen Stat § 59-35.1 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-35.1 - Filing of documents.

 59-35.1. Filing of documents.(a) A document required or permitted by this Act to be filed by the Secretary of State must be filed under Chapter 55D of the General Statutes.(b) A document submitted for filing by the Secretary of State on behalf of a general partnership must be executed by a general partner of the partnership.(c) The Secretary of State may adopt and furnish on request forms for:(1) An application for registration as a registered limited liability partnership;(2) Cancellation of registration as a registered limited liability partnership;(3) Application for registration as a foreign limited liability partnership; and(4) Cancellation of registration as a foreign limited liability partnership.If the Secretary of State so requires, use of these forms is mandatory.(d) The Secretary of State may adopt and furnish on request forms for other documents required or permitted to be filed by this Act, but their use is not mandatory. (1999-369, s. 4.1; 2001-358, ss. 9, 38, 51(c); 2001-387, ss. 104, 105(c), 155, 170(a), 173, 175(a); 2001-413, s. 6; 2002-58, s. 4.)
NC Gen Stat § 59-36 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-36 - Partnership defined.

 59-36. Partnership defined.(a) A partnership is an association of two or more persons to carry on as co-owners a business for profit.(b) But any association formed under any other statute of this State, or any statute adopted by authority, other than the authority of this State, is not a partnership under this Article, unless such association would have been a partnership in this State prior to the adoption of this Article; but this Article shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent herewith. (1941, c. 374, s. 6.)
NC Gen Stat § 59-37 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-37 - Rules for determining the existence of a partnership.

 59-37. Rules for determining the existence of a partnership.In determining whether a partnership exists, these rules shall apply:(1) Except as provided by G.S. 59-46 persons who are not partners as to each other are not partners as to third persons.(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property.(3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived.(4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment:a. As a debt by installments or otherwise,b. As wages of an employee or rent to a landlord,c. As an annuity to a widow or representative of a deceased partner,d. As interest on a loan, though the amount of payment vary with the profits of the business,e. As the consideration for the sale of a goodwill of a business or other property by installments or otherwise. (1941, c. 374, s. 7.)
NC Gen Stat § 59-38 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-38 - Partnership property.

 59-38. Partnership property.(a) All property originally brought into the partnership stock or subsequently acquired by purchase or otherwise, on account of the partnership, is partnership property.(b) Unless the contrary intention appears, property acquired with partnership funds is partnership property.(c) Any estate in real property may be acquired in the partnership name. Title so acquired can be conveyed only in the partnership name.(d) A conveyance to a partnership in the partnership name, though without words of inheritance, passes the entire estate of the grantor unless a contrary intent appears. (1941, c. 374, s. 8.)
NC Gen Stat § 59-39 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-39 - Partner agent of partnership as to partnership business.

 59-39. Partner agent of partnership as to partnership business.(a) 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.(b) 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.(c) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to:(1) Assign the partnership property in trust for creditors, or on the assignee's promise to pay the debts of the partnership,(2) Dispose of the goodwill of the business,(3) Do any other act which would make it impossible to carry on the ordinary business of a partnership,(4) Confess a judgment,(5) Submit a partnership claim or liability to arbitration or reference.(d) No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction. (1941, c. 374, s. 9.)
NC Gen Stat § 59-39.1 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-39.1 - Act, admission or acknowledgment by partner.

 59-39.1. Act, admission or acknowledgment by partner.After a cause of action has accrued on any obligation of a partnership, any act, admission or acknowledgment by any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners which removes the bar of the statute of limitations or causes the statutes to begin running anew with respect to the partner doing such act or making such admission or acknowledgment has a like effect with respect to all of the partners and with respect to partnership liability, but when any partner is not so acting and does not have the authority of his copartners, any act, admission or acknowledgment by such partner which removes the bar of the statute of limitations or causes the statute to begin running anew has such effect only as to the partner doing such act or making such admission or acknowledgment, and shall not renew, extend or in any manner impose liability of any kind against any partner who has not authorized or ratified the same nor against the partnership. (1953, c. 1076, s. 2.)
NC Gen Stat § 59-40 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-40 - Conveyance of real property of the partnership.

 59-40. Conveyance of real property of the partnership.(a) Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of subsection (a) of G.S. 59-39, or unless such property has been conveyed by the grantee or a person claiming through such grantee to holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.(b) Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of subsection (a) of G.S. 59-39.(c) Where title to real property is in the name of one or more, but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of subsection (a) of G.S. 59-39, unless the purchaser or his assignee, is a holder for value, without knowledge.(d) Where the title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of subsection (a) of G.S. 59-39.(e) Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property. (1941, c. 374, s. 10; 1959, c. 1161, s. 3.)
NC Gen Stat § 59-41 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-41 - Partnership bound by admission of partner.

 59-41. Partnership bound by admission of partner.An admission or representation made by any partner concerning partnership affairs within the scope of his authority as conferred by this Act is evidence against the partnership. (1941, c. 374, s. 11; 2000-140, s. 101(n).)
NC Gen Stat § 59-42 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-42 - Partnership charged with knowledge of or notice to partner.

 59-42. Partnership charged with knowledge of or notice to partner.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. (1941, c. 374, s. 12.)
NC Gen Stat § 59-43 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-43 - Partnership bound by partner's wrongful act.

 59-43. Partnership bound by partner's wrongful act.Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act. (1941, c. 374, s. 13.)
NC Gen Stat § 59-44 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-44 - Partnership bound by partner's breach of trust.

 59-44. Partnership bound by partner's breach of trust.The partnership is bound to make good the loss:(1) Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it; and(2) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership. (1941, c. 374, s. 14.)
NC Gen Stat § 59-45 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-45 - Nature of partner's liability in ordinary partnerships and in registered limited liability partnerships.

 59-45. Nature of partner's liability in ordinary partnerships and in registered limited liability partnerships.(a) Except as provided by subsections (a1) and (b) of this section, all partners are jointly and severally liable for the acts and obligations of the partnership.(a1) Except as provided in subsection (b) of this section, a partner in a registered limited liability partnership is not individually liable for debts and obligations of the partnership incurred while it is a registered limited liability partnership solely by reason of being a partner and does not become liable by participating, in whatever capacity, in the management or control of the business of the partnership.(b) Nothing in this Chapter shall be interpreted to abolish, modify, restrict, limit, or alter the law in this State applicable to the professional relationship and liabilities between the individual furnishing the professional services and the person receiving the professional services, the standards of professional conduct applicable to the rendering of the services, or any responsibilities, obligations, or sanctions imposed under applicable licensing statutes. A partner in a registered limited liability partnership is not individually liable, directly or indirectly, including by indemnification, contribution, assessment, or otherwise, for the debts, obligations, and liabilities of, or chargeable to, the registered limited liability partnership that arise from errors, omissions, negligence, malpractice, incompetence, or malfeasance committed by another partner or by an employee, agent, or other representative of the partnership; provided, however, nothing in this Chapter shall affect the liability of a partner of a professional registered limited liability partnership for his or her own errors, omissions, negligence, malpractice, incompetence, or malfeasance committed in the rendering of professional services.(c) Repealed by Session Laws 1999-362, s. 5.(d) A partner in a registered limited liability partnership is not a proper party to proceedings by or against a limited liability partnership, except where the object of the proceeding is to enforce a partner's right against or liability to the limited liability partnership.(e) The liability of partners of a registered limited liability partnership formed and existing under this Chapter shall at all times be determined solely and exclusively by this Chapter and the laws of this State.(f) If a conflict arises between the laws of this State and the laws of any other jurisdiction with regard to the liability of a partner of a registered limited liability partnership formed and existing under this Chapter for the debts, obligations, and liabilities of the registered limited liability partnership, this Chapter and the laws of this State shall govern in determining the liability. (1941, c. 374, s. 15; 1953, c. 881; 1993, c. 354, s. 4; 1999-362, s. 5.)
NC Gen Stat § 59-46 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-46 - Partner by estoppel.

 59-46. Partner by estoppel.(a) When a person, by words spoken or written, by conduct, or by contract, represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner, he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made.(1) When a partnership liability results, he is liable as though he were an actual member of the partnership.(2) When no partnership liability results, he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.(b) When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation. (1941, c. 374, s. 16; 1975, c. 732.)
NC Gen Stat § 59-47 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-47 - Liability of incoming partner.

 59-47. Liability of incoming partner.A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property. (1941, c. 374, s. 17.)
NC Gen Stat § 59-48 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-48 - Rules determining rights and duties of partners.

 59-48. Rules determining rights and duties of partners.The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules:(1) Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and must contribute towards the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits.(2) The partnership must indemnify every partner in respect of payments made and personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business, or for the preservation of its business or property.(3) A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, shall be paid interest from the date of the payment or advance.(4) A partner shall receive interest on the capital contributed by him only from the date when repayment should be made.(5) All partners have equal rights in the management and conduct of the partnership business.(6) No partner is entitled to remuneration for acting in the partnership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs.(7) No person can become a member of a partnership without the consent of all the partners.(8) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may be done rightfully without the consent of all the partners. (1941, c. 374, s. 18.)
NC Gen Stat § 59-49 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-49 - Partnership books.

 59-49. Partnership books.The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at all times have access to and may inspect and copy any of them. (1941, c. 374, s. 19.)
NC Gen Stat § 59-50 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-50 - Duty of partners to render information.

 59-50. Duty of partners to render information.Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or partner under legal disability. (1941, c. 374, s. 20.)
NC Gen Stat § 59-51 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-51 - Partner accountable as a fiduciary.

 59-51. Partner accountable as a fiduciary.(a) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct or liquidation of the partnership or from any use by him of its property.(b) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner. (1941, c. 374, s. 21.)
NC Gen Stat § 59-52 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-52 - Right to an account.

 59-52. Right to an account.Any partner shall have the right to a formal account as to partnership affairs:(1) If he is wrongfully excluded from the partnership business or possession of its property by his copartners,(2) If the right exists under the terms of any agreement,(3) As provided by G.S. 59-51,(4) Whenever other circumstances render it just and reasonable. (1941, c. 374, s. 22.)
NC Gen Stat § 59-53 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-53 - Continuation of partnership beyond fixed term.

 59-53. Continuation of partnership beyond fixed term.(a) When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will.(b) A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a continuation of the partnership. (1941, c. 374, s. 23.)
NC Gen Stat § 59-54 (2021)
2021 North Carolina General Statutes|Chapter 59 - Partnership|Article 2 - Uniform Partnership Act.|§ 59-54 - Extent of property rights of a partner.

 59-54. Extent of property rights of a partner.The property rights of a partner are:(1) His right in specific partnership property,(2) His interest in the partnership, and(3) His right to participate in the management. (1941, c. 374, s. 24.)