§425-106 Governing law. (a) Except as
otherwise provided in subsection (b), the law of the jurisdiction in which a
partnership has its chief executive office governs relations among the partners
and between the partners and the partnership.
(b) The law of this State governs relations
among the partners, and between the partners and the partnership, and the
liability of partners for an obligation of a limited liability partnership. [L
1999, c 284, pt of §1; am L 2000, c 218, §5; am L 2004, c 121, §29]
Case Notes
Partnership did not exist as a matter of law where plaintiff
and defendant did not have an agreement to share profits; a $1.5 million
release fee was interest on a loan and the loan commitment and accompanying
letter did not evince an intent by the parties to share profits inasmuch as
they lacked any language commonly utilized in partnership agreements, such as
"partnership", "partner", "profits", and did not
intimate any community of interest, or co-ownership, or sharing of profits,
tending to show the relationship of partners. 111 H. 286, 141 P.3d 459 (2006).
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1976–2021 · leading case:
Fujimoto v. Au, 19 P.3d 699 (Haw. 2001).
Fujimoto v. Au, 19 P.3d 699 (Haw. 2001).
· cites it 6× “425D, see supra note 10, they were, nevertheless, “partnerships” for purposes of the Uniform Partnership Act, see HRS § 425-106 (1993). 19 Inasmuch as *145 Kailua Partners and Kailua Estates were engaged in a joint venture with one another, as recited in Kailua Partners’…”
Shinn v. Edwin Yee, Ltd., 553 P.2d 733 (Haw. 1976).
· cites it 4× “See HRS § 425-106. [2] Such an expenditure would have been far from being legitimate.”
Block v. Lea, 688 P.2d 724 (Haw. App. 1984).
· cites it 4× “§ 425-106 but were not subject to the terms of the June 19, 1964, Partnership Agreement.”
Dang v. F & S Land Dev. Corp., 618 P.2d 276 (Haw. 1980).
· cites it 2× “HRS § 425-106(1) reads: A partnership is an association (including a joint venture) of two or more persons to carry on as co-owners a business for profit.”
Buffandeau v. Shin, 587 P.2d 1236 (Haw. 1978).
· cites it 2× “” HRS § 425-106(1). There are no specific indices of partnership, although an agreement to share in the profits and losses of a business is weighty evidence thereof.”
Stanford Carr Dev. v. Unity House, 141 P.3d 459 (Haw. 2006).
“Hawai`i Revised Statutes (HRS) § 425-106 (1993), entitled "Partnership defined," provided that "[a] partnership is an association (including a joint venture) of two or more persons to carry on as co-owners a business for profit.”
In Re the Tax Appeal of O.W. Ltd. P'ship, 668 P.2d 56 (Haw. App. 1983).
“See Hawaii Revised Statutes § 425-106(1) (1976). In order to constitute a partnership, there need be no partnership name nor any stipulation that there is a partnership.”
Swan v. Tanjuakio (D. Haw. 2021).
· cites it 2× “] HRS § 425-106(a). And Hawaii’s partnership law is based on blackletter principles stemming from the Uniform Partnership Act.”
— Haw. Rev. Stat. § 425-106(1) — 5 cases
Fujimoto v. Au, 19 P.3d 699 (Haw. 2001).
“425D, see supra note 10, they were, nevertheless, “partnerships” for purposes of the Uniform Partnership Act, see HRS § 425-106 (1993). 19 Inasmuch as *145 Kailua Partners and Kailua Estates were engaged in a joint venture with one another, as recited in Kailua Partners’…”
Dang v. F & S Land Dev. Corp., 618 P.2d 276 (Haw. 1980).
“HRS § 425-106(1) reads: A partnership is an association (including a joint venture) of two or more persons to carry on as co-owners a business for profit.”
Buffandeau v. Shin, 587 P.2d 1236 (Haw. 1978).
“” HRS § 425-106(1). There are no specific indices of partnership, although an agreement to share in the profits and losses of a business is weighty evidence thereof.”
In Re the Tax Appeal of O.W. Ltd. P'ship, 668 P.2d 56 (Haw. App. 1983).
“See Hawaii Revised Statutes § 425-106(1) (1976). In order to constitute a partnership, there need be no partnership name nor any stipulation that there is a partnership.”
— Haw. Rev. Stat. § 425-106(a) — 1 case
Swan v. Tanjuakio (D. Haw. 2021).
“] HRS § 425-106(a). And Hawaii’s partnership law is based on blackletter principles stemming from the Uniform Partnership Act.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.