Me. Rev. Stat. tit. 31, § 1022 (2025) – Formation of partnership

1. Formation of partnership Except as otherwise provided in subsection 2, the association of 2 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.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
2. Not partnership An association formed under a statute other than this chapter, a predecessor statute or a comparable statute of another jurisdiction is not a partnership under this chapter.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
3. Determination of formation; rules In determining whether a partnership is formed, the following rules apply.
1. 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.
  [PL 2005, c. 543, Pt. A, §2 (NEW).]
2. 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.
  [PL 2005, c. 543, Pt. A, §2 (NEW).]
3. 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. (1) Of a debt by installments or otherwise;
  2. (2) For services as an independent contractor or of wages or other compensation to an employee;
  3. (3) Of rent;
  4. (4) Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;
  5. (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. (6) For the sale of the goodwill of a business or other property by installments or otherwise.
    [PL 2005, c. 543, Pt. A, §2 (NEW).]
[PL 2005, c. 543, Pt. A, §2 (NEW).]

PL 2005, c. 543, §A2 (NEW).