Colorado § 7-60-107 Partnership determined - how

Colorado Statutes

§ 7-60-107 — Partnership determined - how

Colorado § 7-60-107

Title 07Corporations

Art.Uniform Partnership Law

This text of Colorado § 7-60-107 (Partnership determined - how) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 7-60-107 (2026).

Text

(1)In determining whether a partnership exists these rules shall apply:

(a)Except as provided by section 7-60-116, persons who are not partners as to each other are not partners as to third persons;

(b)Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property;

(c)The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived;

(d)The receipt by a person of a share of the profits of a business is prima facie evidence that the person is a partner in the bu

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(1) In determining whether a
partnership exists these rules shall apply:

(a) Except as provided by section 7-60-116, persons who are not partners as
to each other are not partners as to third persons;

(b) Joint tenancy, tenancy in common, tenancy by the entireties, joint
property, common property, or part ownership does not of itself establish a
partnership, whether such co-owners do or do not share any profits made by the
use of the property;

(c) The sharing of gross returns does not of itself establish a partnership,
whether or not the persons sharing them have a joint or common right or interest in
any property from which the returns are derived;

(d) The receipt by a person of a share of the profits of a business is prima
facie evidence that the person is a partner in the business, but no such inference
shall be drawn if such profits were received in payment:

(I) As a debt by installments or otherwise;

(II) As wages of an employee or rent to a landlord;

(III) As an annuity to a surviving spouse or representative of a deceased
partner;

(IV) As interest on a loan, though the amount of payment varies with the
profits of the business;

(V) As the consideration for the sale of a goodwill of a business or other
property by installments or otherwise.

Legislative History

Source: L. 31: p. 647, � 7. CSA: C. 123, � 7. CRS 53: � 104-1-7. C.R.S. 1963: � 104-1-7. L. 77: (1)(d)(III) amended, p. 294, � 1, effective July 1. L. 2004: IP(1)(d) amended, p. 1422, � 70, effective July 1.