{"data":{"id":"us-va/va.-code-50-73.88","jurisdiction":"us-va","citation":"Va. Code § 50-73.88","heading":"Formation of partnership","body":"A. Except as otherwise provided in subsection B, 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 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 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:a. Of a debt by installments or otherwise;b. For services as an independent contractor or of wages or other compensation to an employee;c. Of rent;d. Of an annuity or other retirement benefit to a beneficiary, representative, or designee of a deceased or retired partner;e. 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; orf. For the sale of the goodwill of a business or other property by installments or otherwise.D. Each person to be admitted as a partner to a partnership formed under subsection A may be admitted as a partner and may receive a partnership interest in the partnership without making a contribution or being obligated to make a contribution to the partnership. Each person to be admitted as a partner to a partnership formed under subsection A may be admitted as a partner without acquiring a transferable interest in the partnership. Nothing contained in this subsection shall affect a partner's liability under § 50-73.96.1996, c. 292; 2015, c. 616.","path":["Title 50. PARTNERSHIPS","Chapter 2.2. VIRGINIA UNIFORM PARTNERSHIP ACT","Article 2. NATURE OF PARTNERSHIP"],"source_url":"https://law.lis.virginia.gov/vacode/50-73.88/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:16:59Z","sha256":"b08d1d6440de7b7c4b18eb695c4a23d7dda5e599fd938fc675e7cdeb37c6a416","source_id":"us-va","stale":true,"prev":"us-va/va.-code-50-73.87","next":"us-va/va.-code-50-73.89"},"notice":"GroundRules: Original legal text. Not legal advice."}