323.06 Determination of whether partnership exists.
In determining whether a partnership exists, these rules shall apply:
(1) Except as provided by section 323.15, persons who are not partners as to each other are not partners as to third persons;
(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such coowners do or do not share any profits made by the use of the property;
(3) The 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;
(4) The receipt by a person of a share of the profits of a business is prima facie evidence of partnership in the business, but no such inference shall be drawn if such profits were received in payment
(a) As a debt by installments or otherwise,
(b) As wages of an employee or rent to a landlord,
(c) As an annuity to a surviving spouse or representative of a deceased partner,
(d) As interest on a loan, though the amount of payment vary with the profits of the business, or
(e) As the consideration for the sale of a good will of a business or other property by installments or otherwise; and
(5) The following are not evidence that a partnership does not exist:
(a) failure or omission to file an original or renewal registration under section 323.44;
(b) the expiration of a partnership's status as a limited liability partnership; or
(c) the filing of a withdrawal statement under section 323.44.
HIST: (7390) 1921 c 487 s 7; 1986 c 444; 1994 c 539 s 11
Official Publication of the State of Minnesota
Revisor of Statutes