(a) Except as otherwise provided in subsection (b) of this section, the association of two 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.
(b) An association formed under a statute other than sections 34-300 to 34-399, inclusive, a predecessor statute or a comparable statute of another jurisdiction is not a partnership under sections 34-300 to 34-399, inclusive, unless such association is a foreign registered limited liability partnership.
(c) In determining whether a partnership is formed, the following rules apply:
(1) 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.
(2) 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.
(3) 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: (A) Of a debt by installments or otherwise; (B) for services as an independent contractor or of wages or other compensation to an employee; (C) of rent; (D) of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner; (E) 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 (F) for the sale of the goodwill of a business or other property by installments or otherwise.
(P.A. 95-341, S. 10, 58.)
History: P.A. 95-341 effective July 1, 1997.
Notes of Decisions
Victor G. Reiling Associates v. Fisher-Price, Inc. (2005)
ctd · cites it 4×
“See also Conn. Gen.Stat. § 34-314(c)(1) ("[Jjoint 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.”
Lenoble v. Best Temps, Inc. (2005)
ctd · cites it 3×
“Connecticut’s legislature has adopted and codified the Uniform Partnership Act, which provides, in pertinent part, that “the association of two 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…”
Hirschfeld v. Hirschfeld (1998)
connappct · cites it 2×
“General Statutes § 34-314 provides in relevant part: “Formation of partnership.”
Daigneault v. Kolashuk (2026)
connappct · cites it 6×
“No written partnership 11 General Statutes § 34-314 provides in relevant part: “Except as otherwise provided in subsection (b) of this section, the association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons…”
Gibson v. Geza Scap & JGS Properties, LLC (2013)
ctd · cites it 4×
“The Connecticut legislature has adopted and codified the Uniform Partnership Act, which states that, “the association of two 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.”
In Re Middletown Metro Associates (1998)
ctb · cites it 2×
“A “partnership” is “an association of two or more persons to carry on as co-owners a business for profit formed under section 34-314, predecessor law or comparable law of another jurisdiction.”
— Conn. Gen. Stat. § 34-314(a) — 3 cases
Lenoble v. Best Temps, Inc. (2005)
ctd
“Connecticut’s legislature has adopted and codified the Uniform Partnership Act, which provides, in pertinent part, that “the association of two 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…”
In Re Middletown Metro Associates (1998)
ctb
“A “partnership” is “an association of two or more persons to carry on as co-owners a business for profit formed under section 34-314, predecessor law or comparable law of another jurisdiction.”
— Conn. Gen. Stat. § 34-314(c)(1) — 1 case
Victor G. Reiling Associates v. Fisher-Price, Inc. (2005)
ctd
“See also Conn. Gen.Stat. § 34-314(c)(1) ("[Jjoint 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.”
— Conn. Gen. Stat. § 34-314(c)(2) — 1 case
Victor G. Reiling Associates v. Fisher-Price, Inc. (2005)
ctd
“See also Conn. Gen.Stat. § 34-314(c)(1) ("[Jjoint 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.”
— Conn. Gen. Stat. § 34-314(c)(3) — 1 case
Lenoble v. Best Temps, Inc. (2005)
ctd
“Connecticut’s legislature has adopted and codified the Uniform Partnership Act, which provides, in pertinent part, that “the association of two 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…”
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