{"data":{"id":"us-nc/n.c.-gen.-stat.-59-37","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 59-37","heading":"Rules for determining the existence of a partnership.","body":"In determining whether a partnership exists, these rules shall apply:\n(1)\tExcept as provided by G.S. 59-46 persons who are not partners as to each other are not partners as to third persons.\n(2)\tJoint 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.\n(3)\tThe 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.\n(4)\tThe 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, but no such inference shall be drawn if such profits were received in payment:\na.\tAs a debt by installments or otherwise,\nb.\tAs wages of an employee or rent to a landlord,\nc.\tAs an annuity to a widow or representative of a deceased partner,\nd.\tAs interest on a loan, though the amount of payment vary with the profits of the business,\ne.\tAs the consideration for the sale of a goodwill of a business or other property by installments or otherwise. (1941, c. 374, s. 7.)","path":["Chapter 59. Partnership.","Article 2. Uniform Partnership Act.","Part 2. Nature of a Partnership."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_59/GS_59-37.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:07:02Z","sha256":"7a0117aeef645847bfd6c5d948eb549aafdd56313bba0ea803ec72cf3043e707","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-59-36","next":"us-nc/n.c.-gen.-stat.-59-38"},"notice":"GroundRules: Original legal text. Not legal advice."}