In this chapter, the following definitions apply:
- (1) "Business" includes every trade, occupation, or profession.
(2) "Debtor in bankruptcy" means a person who is the subject of:
- (a) an order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or
- (b) a comparable order under state law governing insolvency.
- (3) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.
- (4) "Limited liability partnership" means a partnership registered under 35-10-701 and includes both domestic and foreign limited liability partnerships.
(5)
- (a) "Partnership" means an association of two or more persons to carry on as co-owners a business for profit formed under 35-10-202, a predecessor law, or a comparable law of another jurisdiction.
- (b) The term includes but is not limited to a limited liability partnership for all purposes of the laws of this state and all licensing laws, whether for professionals or otherwise.
- (6) "Partnership agreement" means an agreement, written or oral, among the partners concerning the partnership.
- (7) "Partnership at will" means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.
(8) "Person" means:
- (a) an individual;
- (b) a corporation;
- (c) a business trust;
- (d) an estate;
- (e) a trust;
- (f) a partnership;
- (g) an association;
- (h) a joint venture;
- (i) a government;
- (j) a governmental subdivision, agency, or instrumentality; or
- (k) any other legal or commercial entity.
- (9) "Property" means all property, real, personal, or mixed, tangible or intangible, or any interest therein.
- (10) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.
- (11) "Statement" means a statement of partnership authority under 35-10-310, a statement of denial under 35-10-311, a statement of dissociation under 35-10-622, a statement of dissolution under 35-10-627, a statement of merger under 35-10-643, an application for registration of assumed business name or a renewal of registration, or an amendment, cancellation, or withdrawal of the foregoing.
- (12) "Transfer" includes an assignment, conveyance, lease, mortgage, deed, and encumbrance.
History: En. Sec. 2, Ch. 251, L. 1947; R.C.M. 1947, 63-102; amd. Sec. 1, Ch. 238, L. 1993; amd. Sec. 7, Ch. 449, L. 1995; amd. Sec. 20, Ch. 26, L. 2011.