Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 14-8-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-8-1 Case Law from Google Scholar Amendments to OCGA 14-8-1

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 8. Partnerships, 14-8-1 through 14-8-64.

ARTICLE 3 CORPORATIONS ORGANIZED FOR RELIGIOUS, FRATERNAL, OR EDUCATIONAL PURPOSES

14-8-1. Short title.

This chapter shall be known and may be cited as the "Uniform Partnership Act."

(Code 1981, §14-8-1, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 2017, p. 774, § 14/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "This chapter shall be known and may be cited" for "This chapter may be cited" at the beginning of this Code section.

JUDICIAL DECISIONS

Relationship between two business entities not a partnership.

- Summary judgment was properly granted to sublessors, pursuant to O.C.G.A. § 9-11-56, in a sublessee's multi-claim action arising from agreements entered into between the parties with respect to concert promotion at a particular venue, which was done in order to satisfy a minority business enterprise participation minimum which was imposed by the city; based on the terms of the various documents signed between the parties, there was no legal partnership pursuant to O.C.G.A. § 14-8-1 et seq., and no joint venture as the sublessors did not share control of the concert promotions, did not share profits or liabilities, the terms used in the agreements were not dispositive on the issue, and the sublessee's assistance was titular only. Jerry Dickerson Presents, Inc. v. Concert/Southern Chastain Promotions, 260 Ga. App. 316, 579 S.E.2d 761 (2003).

Public filing of statement of partnership establishes existence of partnership.

- Under the Georgia Uniform Partnership Act of 1984, O.C.G.A. § 14-8-1 et seq., the public filing of a joint venture's statement of partnership conclusively established the existence of a partnership; thus, the condemned property was partnership property and could not be used to satisfy a judgment lien against a partner of the joint venture. Accolades Apts., L.P. v. Fulton County, 279 Ga. 257, 612 S.E.2d 284 (2005).

Statement of partnership is a form of express agreement and the public filing of a joint venture's statement of partnership conclusively establishes the existence of a partnership; this conclusion is supported by O.C.G.A. §§ 14-8-8(a) and14-8-10.1(f) and (g). Accolades Apts., L.P. v. Fulton County, 279 Ga. 257, 612 S.E.2d 284 (2005).

Cited in Bagwell v. Trammel, 297 Ga. 873, 778 S.E.2d 173 (2015).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partnership, § 1et seq.

ALR.

- What amounts to a joint adventure, 48 A.L.R. 1055; 63 A.L.R. 909; 80 A.L.R. 312; 95 A.L.R. 857; 138 A.L.R. 968.

Validity and effect of chattel mortgage on partner's interest in firm, 54 A.L.R. 534.

Partnership as distinguished from employment (where rights of parties inter se or their privies are concerned), 137 A.L.R. 6.

Construction and application of Revised Uniform Partnership Act, 70 A.L.R.6th 209.

Construction and application of Revised Uniform Partnership Act, 70 A.L.R.6th 209.

Cases Citing O.C.G.A. § 14-8-1

Total Results: 3  |  Sort by: Relevance  |  Newest First

Copy

Henderson v. HSI Fin. Servs., Inc., 471 S.E.2d 885 (Ga. 1996).

Cited 16 times | Published | Supreme Court of Georgia | Jul 1, 1996 | 266 Ga. 844, 96 Fulton County D. Rep. 2453

...onal limited liability companies, and registered limited liability partnerships). [10] Since Henderson and Sevy were shareholders of a professional corporation, we need not decide whether lawyers may engage in other forms of law practice. See OCGA §§ 14-8-1 to 14-8-61 (Uniform Partnership Act); §§ 14-10-1 to 14-10-18 (Georgia Professional Association Act); §§ 14-11-100 to XX-XX-XXXX (Georgia Limited Liability Company Act)....
Copy

Bagwell v. Trammel, 297 Ga. 873 (Ga. 2015).

Cited 6 times | Published | Supreme Court of Georgia | Oct 5, 2015 | 778 S.E.2d 173

Copy

Accolades Apts., L.P. v. Fulton Cnty., 612 S.E.2d 284 (Ga. 2005).

Cited 4 times | Published | Supreme Court of Georgia | Apr 26, 2005 | 279 Ga. 257, 2005 Fulton County D. Rep. 1377

...Calvert, Sr. Asst. Atty. Gen., Thurbert E. Baker, Atty. Gen., Daniel M. Formby, Deputy Atty. Gen., for Appellee. FLETCHER, Chief Justice. This case asks us to decide whether an entity that publicly files a "statement of partnership" pursuant to OCGA § 14-8-10.1 has elected to become a partnership....
...the rights and responsibilities assumed by the joint venturers." [5] In subsequent proceedings, appellant claimed that the owners of AAJV evidenced their intention to form a partnership by publicly filing a statement of partnership pursuant to OCGA § 14-8-10.1....
...ce of a partnership. Specific provisions of the Uniform Partnership Act support this conclusion. OCGA § 14-8-8(a) provides that property included in "any recorded statement of partnership" is presumed to be partnership property. [11] And under OCGA § 14-8-10.1(f) & (g), it is "conclusively presumed" that certain facts recited in the statement of partnership are true....
...[4] Id. at 30, 549 S.E.2d 348 (citations omitted). [5] Id. [6] Accolades Apts., 252 Ga.App. at 502, 556 S.E.2d 552. [7] Accolades Apts., 267 Ga.App. at 199, 598 S.E.2d 910. [8] Ghee v. Kimsey, 179 Ga.App. 446, 447, 346 S.E.2d 888 (1986). [9] OCGA §§ 14-8-1 et seq....