Official Code of Georgia Annotated
Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · Chapter 8. PARTNERSHIPS
14-8-7. Determination of existence of partnership.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
In determining whether a partnership exists, the following rules shall apply:
- (1)
Except as provided by Code Section 14-8-16 persons who are not partners as to each other are not partners as to third persons;#
- (2)
Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property;#
- (3)
The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived;#
- (4)
The receipt by a person of a share of the profits of a business is prima-facie evidence that he is a partner in the business; provided, however, that no such inference shall be drawn if profits were received in payment of the following, even though the amount of payment varies with the profits of the business:#
- (A)
A debt, whether by installments or otherwise;#
- (B)
Wages, salary, or other compensation to an employee or independent contractor;#
- (C)
Rent to a landlord;#
- (D)
An annuity or other payment to a surviving spouse or representative of a deceased partner;#
- (E)
Interest or other payment or charge on a loan;#
- (F)
Consideration for the sale of good will of a business or other property, whether by installments or otherwise.#
History
Code 1981, § 14-8-7, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 1994, p. 97, § 14.
Law reviews
For annual survey article discussing existence of partnerships, see 46 Mercer L. Rev. 71 (1994).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t14-(v12)-2017-pdf.pdf, Volume V12, 2017 edition, page 866; merge action: annotated; file SHA-256 f2fad2b71b39.