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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

Art. 543

C. Re­la­tion­ship between part­ners and third parties

I. Rep­res­ent­a­tion

 

1 A part­ner who deals with a third party on be­half of the part­ner­ship but in his own name ac­quires rights and ob­lig­a­tions as against that third party in a purely in­di­vidu­al ca­pa­city.

2 Where a part­ner deals with a third party in the name of the part­ner­ship or all the part­ners, the oth­er part­ners ac­quire rights and ob­lig­a­tions as against that third party only to the ex­tent en­vis­aged by the pro­vi­sions gov­ern­ing rep­res­ent­a­tion.

3 A part­ner is pre­sumed em­powered to rep­res­ent the part­ner­ship or all the part­ners in deal­ings with third parties as soon as man­age­ment au­thor­ity is con­ferred on him.