Okla. Stat. tit. 54, § 54-1-202: Formation of Partnership
Where this section sits in the code
- OK Code
- 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