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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 54, § 54-1-202: Formation of Partnership

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Where this section sits in the code
  1. OK Code
  2. Title 54

Formation of Partnership. (a) Except as otherwise provided in

subsection (b) of this section, 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) An association formed under a statute other than this act,

a predecessor statute, or a comparable statute of another

jurisdiction is not a partnership under this act.

(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 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 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, or 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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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