Partnership Formation Flashcards

1
Q

Partnership (Definition)

A

An agreement among two or more persons to carry on as co-owners a business for profit.

No intent to form a partnership is required, only those two elements.

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2
Q

Factors Indicating Partnership Formation (Without Elements)

A

(1) Common ownership of property;
(2) designation of the entity as a partnership; and (3) higher degree of activity, such as both purchase and manage the property.

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3
Q

LP and LLP Formation Requirements

A

(1) A formal agreement and the filing of documents, such as a certificate, with the state.
(2) If improperly formed, the result is a general partnership.

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