BUSINESS ORGANIZATIONS CODE
TITLE 4. PARTNERSHIPS
CHAPTER 151. GENERAL PROVISIONS
§ 151.001. DEFINITIONS. In this title:
(1) "Capital account" means the amount computed by:
(A) adding the amount of a partner's original and
additional contributions of cash to a partnership, the agreed value
of any other property that that partner originally or additionally
contributed to the partnership, and allocations of partnership
profits to that partner; and
(B) subtracting the amount of distributions to
that partner and allocations of partnership losses to that partner.
(2) "Foreign limited partnership" means a partnership
formed under the laws of another state that has one or more general
partners and one or more limited partners.
(3) "Majority-in-interest," with respect to all or a
specified group of partners, means partners who own more than 50
percent of the current percentage or other interest in the profits
of the partnership that is owned by all of the partners or by the
partners in the specified group, as appropriate.
(4) "Partnership agreement" means any agreement,
written or oral, of the partners concerning a partnership.
Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.
§ 151.002. KNOWLEDGE OF FACT. For purposes of this
title, a person has knowledge of a fact only if the person has
actual knowledge of the fact.
Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.
§ 151.003. NOTICE OF FACT. (a) For purposes of this
title, a person has notice of a fact if the person:
(1) has knowledge of the fact;
(2) has received a communication of the fact as
provided by Subsection (c); or
(3) reasonably should have concluded, from all facts
then known to that person, that the fact exists.
(b) A person notifies or gives notice to another person of a
fact by taking actions reasonably required to inform the other
person of the fact in the ordinary course of business, regardless of
whether the other person actually has knowledge of the fact.
(c) A person is notified or receives notice of a fact when
the fact is communicated to:
(1) the person;
(2) the person's place of business; or
(3) another place held out by the person as the place
for receipt of communications.
(d) Receipt of notice by a partner of a fact relating to the
partnership is effective immediately as notice to the partnership
unless fraud against the partnership is committed by or with the
consent of the partner receiving the notice.
Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.