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

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.

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