Code of Alabama
Ala. Code § 10-8-2 (2026)
(Repealed Effective January 1, 2001) Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Acts 1996, No. 96-528, p. 685, §1, effective January 1, 2001.
(Acts 1971, No. 1513, p. 2609, §2.)
Notes of Decisions
Cited in 8
cases, 1979–2002 · leading case: J. C. Shepherd v. Comr. of IRS, 283 F.3d 1258 (11th Cir. 2002).
J. C. Shepherd v. Comr. of IRS, 283 F.3d 1258 (11th Cir. 2002). “See Ala.Code § 10-8-2 (1994) (recognizing only “association of two or more persons” as valid partnership).”
Waters v. Union Bank of Repton, 370 So. 2d 957 (Ala. 1979). “He contends that such a finding is against the preponderance of the evidence and it palpably wrong and manifestly unjust. We find, however, that the trial court's verdict is supported by credible evidence.”
Clear Creek, Inc. v. Royal Am. Corp. (In Re Int'l Resorts, Inc.), 46 B.R. 405 (N.D. Ala. 1984). “It is equally clear “[t]hat a corporation is a distinct entity, to be considered separate and apart from the individuals who compose it, and is not to be affected by the personal rights, obligations and transactions of its stockholders; and this, whether said rights accrued, or…”
Norman Props. v. Bozeman, 557 So. 2d 1265 (Ala. 1990). “Alabama has adopted the Uniform Partnership Act, codified at Ala. Code (1975), § 10-8-1 et seq.”
Adderhold v. Adderhold, 426 So. 2d 457 (Ala. Civ. App. 1983). “" § 10-8-2 (7). Actual co-ownership of property is not generally held a condition of a partnership, 59 Am.”
Savers Fed. Sav. & Loan Ass'n v. Amberley Huntsville, Ltd., 934 F.2d 1201 (11th Cir. 1991). “” Ala.Code § 10-8-2(7) (1975). The Huntsville and Decatur Notes each contain a provision which requires appellants to pay to Savers at the termination of the loan a lump sum equal to a specified percentage of the value of the mortgaged property.”
Phillips v. Powers Disc. Furniture Ctr., 686 So. 2d 349 (Ala. Civ. App. 1996). “” § 10-8-2(7), Ala.Code 1975. A critical factor in determining whether a partnership relationship exists is the existence of a legally binding obligation to share in the losses of the business.”
James S.\", 115 T.C. 376 (1970). “To adopt petitioner's contention would require us to recognize the existence, however fleeting, of a one- person partnership, contrary to Alabama law, which defines a partnership as "An association of two or more persons to carry on as co-owners a business for profit.”
— Ala. Code § 10-8-2(3) — 1 case
Clear Creek, Inc. v. Royal Am. Corp. (In Re Int'l Resorts, Inc.), 46 B.R. 405 (N.D. Ala. 1984). “It is equally clear “[t]hat a corporation is a distinct entity, to be considered separate and apart from the individuals who compose it, and is not to be affected by the personal rights, obligations and transactions of its stockholders; and this, whether said rights accrued, or…”
— Ala. Code § 10-8-2(7) — 3 cases
Norman Props. v. Bozeman, 557 So. 2d 1265 (Ala. 1990). “Alabama has adopted the Uniform Partnership Act, codified at Ala. Code (1975), § 10-8-1 et seq.”
Savers Fed. Sav. & Loan Ass'n v. Amberley Huntsville, Ltd., 934 F.2d 1201 (11th Cir. 1991). “” Ala.Code § 10-8-2(7) (1975). The Huntsville and Decatur Notes each contain a provision which requires appellants to pay to Savers at the termination of the loan a lump sum equal to a specified percentage of the value of the mortgaged property.”
Phillips v. Powers Disc. Furniture Ctr., 686 So. 2d 349 (Ala. Civ. App. 1996). “” § 10-8-2(7), Ala.Code 1975. A critical factor in determining whether a partnership relationship exists is the existence of a legally binding obligation to share in the losses of the business.”
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