Text of the provision
Art. 1846. The surname of a limited partner shall not appear in the partnership name unless:
(1) It is also the surname of a general partner, or
(2) Prior to the time when the limited partner became such, the business has been carried on under a name in which his surname appeared. A limited partner whose surname appears in a partnership name contrary to the provisions of the first paragraph is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A limited partner's surname must not appear in the firm name (unless it is also a general partner's or the business was already run under it); one who violates this is liable as a general partner to creditors who did not know his true status.
Related provisions
- Article 1845 — Limited Partner's Contribution.
- Article 1847 — Liability for a False Certificate.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.