There is no one single factor that determines whether a partnership exists, as it is a combination of several different factors. However, the following points will usually have to be considered when establishing if a partnership exists:
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•ÌýÌýÌýÌý Is the partnership carrying on a business in common with a view to profit?
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•ÌýÌýÌýÌý Is the partnership a partnership or simply the joint ownership of property?
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•ÌýÌýÌýÌý Do the profit sharing terms indicate a partnership arrangement?
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•ÌýÌýÌýÌý Is there any documentary evidence supporting the existence of a partnership?
Carrying on a business in common with a view to profit
To fall within the definition of a partnership, the partners must be carrying on a business in common and doing so with a view to a profit. Relevant cases in this area have looked at the two separate parts of this phrase, that is whether the parties are 'carrying on a business with a view to a profit' and whether they are 'carrying on a business in common', the cases are
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Web page updated on 17 Mar 2025 16:33