§ 8422. Formation of partnership.

340 words·~2 min read·/pa/title-15/chapter-84/8422

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- Except as provided in subsection (b), the association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership.

(b)Excluded associations.-- An association formed under a statute other than this chapter, a predecessor statute or a comparable statute of another jurisdiction is not a partnership under this chapter.

(c)Rules for determining formation of partnership.-- In determining whether a partnership is formed, the following rules apply:

(1)Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property.

(2)The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.

(3)A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:

(i)of a debt by installments or otherwise;

(ii)for services as an independent contractor or of wages or other compensation to an employee;

(iii)of rent;

(iv)of an annuity or other retirement or health benefit to a deceased or retired partner or a beneficiary, representative or designee of a deceased or retired partner;

(v)of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, rights to income, proceeds or increase in value derived from the collateral; or

(vi)for the sale of the goodwill of a business or other property by installments or otherwise.

(d)Cross reference.-- See section 8416(c) (relating to application of partnership agreement).

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Cross References. Section 8422 is referred to in sections 102, 8416, 8442 of this title.

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