‘‘Partnership’’ defined

(a) A partnership is an association of two or more persons to carry on as co-owners a business for profit and includes, for all purposes of the laws of this state, a limited liability partnership. (b) But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but this chapter shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent with this chapter. (Code 1981, § 14-8-6, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 1995, p. 470, § 2.) COMMENT Note to Uniform Partnership Act This section sets forth a general definition of partnership. Pursuant to subsection (a), partnership is distinguished from an ordinary principal-agent relationship in that partners are ‘‘co-owners’’ of the business, and from passive co-ownership of property in that partners ‘‘carry on . . . a business.’’ Pursuant to subsection (b), the Act does not convert into a partnership any non-partnership that was formed under another statute. The Act does, however, apply to limited partnerships except insofar as the ULPA includes inconsistent provisions. Prior Georgia Law There was no comparable definition of partnership. For a comparison of the rules for determining the existence of partnership under prior Georgia law and under the Act, see the Comment to § 14-8-7. Official UPA This section is the same as the official version. Cross-References Definitions of ‘‘business’’ and ‘‘person’’: § 14-8-2. Rules for determining the existence of partnership in accordance with the definition set forth in this section: