{"data":{"id":"us-wv/w.-va.-code-47b-2-2","jurisdiction":"us-wv","citation":"W. Va. Code § 47B-2-2","heading":"Formation of partnership.","body":"(a) Except as otherwise provided in subsection (b) of this section, the association of two or more persons to carry on as coowners a business for profit forms a partnership, whether or not the persons intend to form a partnership.\n(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.\n(c) In determining whether a partnership is formed, the following rules apply:\n(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 coowners share profits made by the use of the property.\n(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.\n(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:\n(i) Of a debt by installments or otherwise;\n(ii) For services as an independent contractor or of wages or other compensation to an employee;\n(iii) Of rent;\n(iv) Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;\n(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\n(vi) For the sale of the goodwill of a business or other property by installments or otherwise.","path":["CHAPTER 47B. UNIFORM PARTNERSHIP ACT.","ARTICLE 2. NATURE OF PARTNERSHIP."],"source_url":"https://code.wvlegislature.gov/47B-2-2/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:17Z","sha256":"2e7c1375f8975d4c37493f8f21f532a200c90b871ed1e6b62d06b11cf8055ef0","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-47b-2-1","next":"us-wv/w.-va.-code-47b-2-3"},"notice":"GroundRules: Original legal text. Not legal advice."}