NRS 87.4322
Formation of partnership.


1.

Except as otherwise provided in subsection 2, the association of two or more persons to carry on as co-owners of a business for profit forms a partnership, whether or not the persons intend to form a partnership.

2.

An association formed under a statute other than NRS 87.4301 to 87.4357, inclusive, a predecessor statute or a comparable statute of another jurisdiction is not a partnership under NRS 87.4301 to 87.4357, inclusive.

3.

In determining whether a partnership is formed, the following rules apply:

(a)

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.

(b)

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.

(c)

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:

(1)

Of a debt by installments or otherwise;

(2)

For services as an independent contractor or of wages or other compensation to an employee;

(3)

Of rent;

(4)

Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;

(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

(6)

For the sale of the goodwill of a business or other property by installments or otherwise.

Source: Section 87.4322 — Formation of partnership., https://www.­leg.­state.­nv.­us/NRS/NRS-087.­html#NRS087Sec4322.

Last Updated

Feb. 5, 2021

§ 87.4322’s source at nv​.us