{"data":{"id":"us-nd/n.d.-cent.-code-45-14-02","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 45-14-02","heading":"(202) Formation of partnership","body":"1.Except as otherwise provided in subsection 2, 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.\n2.An association formed under a statute other than chapters 45-13 through 45-21, a predecessor statute, or a comparable statute of another jurisdiction is not a partnership under chapters 45-13 through 45-21.\n3.In determining whether a partnership is formed, the following rules apply:\na.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.\nb.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.\nc.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:\n(1)Of a debt by installments or otherwise;\n(2)For services as an independent contractor or of wages or other compensation to an employee;\n(3)Of rent;\n(4)Of an annuity or other retirement benefit to a beneficiary, representative, or designee of a deceased or retired partner;\n(5)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\n(6)For the sale of the goodwill of a business or other property by installments or otherwise.","path":["Title 45 Partnerships","Chapter 45-14 Nature Of Partnership"],"source_url":"https://ndlegis.gov/cencode/t45c14.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"3e59a4e9c62a5d032e573f3c8fbdcce193f550c137b13e6220a208bac4b281a1","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-45-14-01","next":"us-nd/n.d.-cent.-code-45-14-03"},"notice":"GroundRules: Original legal text. Not legal advice."}