Nature of Partnership
Cal. CORP § 16202
California Statutes
(
a) Except as otherwise provided in subdivision (b), the association of two or more persons to carry on as coowners a business for profit forms a partnership, whether or not the persons intend to form a partnership. (
b) 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) 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 coowners 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 for any of the following reasons: (
A) In payment of a debt by installments or otherwise. (
B) In payment for services as an independent contractor or of wages or other compensation to an employee. (
C) In payment of rent. (
D) In payment of an annuity or other retirement benefit to a beneficiary, representative, or designee of a deceased or retired partner. (
E) In payment 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, or rights to income, proceeds, or increase in value derived from the collateral. (
F) In payment for the sale of the goodwill of a business or other property by installments or otherwise.