<?xml version='1.0' encoding='utf-8'?>
<section article="gca" article_name="Corporations and Associations" number="9A-202" title_number="9A" title_name="Maryland Revised Uniform Partnership Act" subtitle_number="2" subtitle_name="Nature of Partnership">
  <level label="a">
    <text>Except as otherwise provided in subsection (c) of this section, the unincorporated 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 and whether or not the association is called “partnership”, “joint venture”, or any other name.</text>
  </level>
  <level label="b">
    <text>A partnership may be created under:</text>
    <level label="1">
      <text>This title;</text>
    </level>
    <level label="2">
      <text>The Maryland Uniform Partnership Act and its subsequent amendments; or</text>
    </level>
    <level label="3">
      <text>A statute of another jurisdiction comparable to this title or the Maryland Uniform Partnership Act and their respective subsequent amendments.</text>
    </level>
  </level>
  <level label="c">
    <text>An unincorporated association or entity created under a law other than the laws described in subsection (b) of this section is not a partnership.</text>
  </level>
  <level label="d">
    <text>In determining whether a partnership is formed, the following rules apply:</text>
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>Of a debt by installments or otherwise;</text>
      </level>
      <level label="ii">
        <text>For services as an independent contractor or of wages or other compensation to an employee;</text>
      </level>
      <level label="iii">
        <text>Of rent;</text>
      </level>
      <level label="iv">
        <text>Of an annuity or other retirement or health benefit to a beneficiary, representative, or designee of a deceased or retired partner;</text>
      </level>
      <level label="v">
        <text>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</text>
      </level>
      <level label="vi">
        <text>For the sale of the goodwill of a business or other property by installments or otherwise.</text>
      </level>
    </level>
  </level>
</section>
