Nevada § 87.4322 - Formation of partnership

§ 87.4322. Formation of partnership

1. Except as otherwise provided in subsection 2, the association of two or more persons

to carry on as co-owners of a business for profit forms a partnership, whether or

not the persons intend to form a partnership. 2. An association formed under a statute other than NRS 87.4301 to 87.4357 , inclusive, a predecessor statute or a comparable statute of another jurisdiction

is not a partnership under NRS 87.4301 to 87.4357 , inclusive. 3. In determining whether a partnership is formed, the following rules apply: (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. (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. (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) Of a debt by installments or otherwise; (2) For services as an independent contractor or of wages or other compensation to

an employee; (3) Of rent; (4) Of an annuity or other retirement or health benefit to a beneficiary, representative

or designee of a deceased or retired partner; (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) For the sale of the goodwill of a business or other property by installments or

otherwise.