Partnerships Act

20. Execution of deeds.

Edition: 2022-12-31 · In force

20. Execution of deeds.

(1)A document is validly executed by a partnership as a deed under this Act if it is—

(a)executed by at least two partners, each with the authority of all the partners to execute on behalf of the partnership;

(b)expressed to be executed on behalf of the partnership; and

(c)delivered as a deed.

(2)In the case of a limited partnership with only one general partner, the provision of paragraph (1)(a) is compiled with if—

(i)the document is executed by the general partner; and

(ii)that partner has authority to execute the document on behalf of the partnership.

(3)A document shall be presumed to be delivered for the purposes of subsection (1)(c) upon its being executed in accordance with subsection (2), unless a contrary intention is shown.

(4)If—

(a)a partnership is being wound up under section 42; and

(b)there is only one partner remaining in the partnership,

subsection (1)(a) is satisfied if the document is signed by that partner, whether or not he has authority to execute the document.

(5)In the case of a partner who is not a natural person, a document is signed by a partner for the purposes of this section if it is signed by an individual who has authority to sign on behalf of the partner.

(6)A document which has been signed by two or more persons in favour of a purchaser, each of whom purports to sign—

(a)as a partner; or

(b)as an individual who has authority to sign on behalf of a partner who not a natural person, is considered to have been signed in accordance with subsection (2)(a).

Liability of partnership

← Previous provision Next provision →

Source: Kenya Law