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Section 38

of Partnership Act 1961

ActIn forceProvision 38 of 47

Section 38

(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 Federal Gazette as to a firm whose principal place of business is in West Malaysia, in the Sabah Gazette as to a firm whose principal place of business is in Sabah, and in the Sarawak Gazette as to a firm whose principal place of business is in Sarawak, 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.