Illinois Compiled Statutes

805 ILCS 206/101 (2026)

Definitions

✓ current as of May 2026
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(805 ILCS 206/101)
    Sec. 101. Definitions. In this Act:
    (a) "Business" includes every trade, occupation, and profession.
    (b) "Debtor in bankruptcy" means a person who is the subject of:
        (1) an order for relief under Title 11 of the United
    
States Code or a comparable order under a successor statute of general application; or
        (2) a comparable order under federal, state, or
    
foreign law governing insolvency.
    (c) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.
    (d) "Foreign limited liability partnership" means a partnership that:
        (1) is formed under laws other than the laws of this
    
State; and
        (2) has the status of a limited liability partnership
    
under those laws.
    (e) "Limited liability partnership" means a partnership that has filed a statement of qualification under Section 1001 and does not have a similar statement in effect in any other jurisdiction.
    (f) "Partnership" means an association of 2 or more persons to carry on as co-owners a business for profit formed under Section 202 of this Act, predecessor law, or comparable law of another jurisdiction.
    (g) "Partnership agreement" means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement.
    (h) "Partnership at will" means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.
    (i) "Partnership interest" or "partner's interest in the partnership" means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.
    (j) "Person" means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
    (k) "Property" means all property, real, personal, or mixed, tangible or intangible, or any interest therein.
    (l) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.
    (m) "Statement" means a statement of partnership authority under Section 303 of this Act, a statement of denial under Section 304, a statement of dissociation under Section 704, a statement of dissolution under Section 805, a statement of merger under Section 907 or 908, a statement of qualification under Section 1001, a statement of withdrawal under Section 1001 or 1102, a statement of foreign qualification under Section 1102, or an amendment or cancellation of any of the foregoing.
    (n) "Transfer" includes an assignment, conveyance, lease, mortgage, deed, and encumbrance.
(Source: P.A. 95-368, eff. 8-23-07.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2018–2022 · leading case: Alwan v. Kickapoo-Edwards Land Trust, 2018 IL App (3d) 170165 (Ill. App. Ct. 2018).
Alwan v. Kickapoo-Edwards Land Trust, 2018 IL App (3d) 170165 (Ill. App. Ct. 2018). “805 ILCS 206/101(f), (j) (West 2016). ¶ 14 The 1997 Act further provides: " § 1206.”
Alwan v. Kickapoo-Edwards Land Trust, 2018 IL App (3d) 170165 (Ill. App. Ct. 2018). “805 ILCS 206/101(f), (j) (West 2016). ¶ 14 The 1997 Act further provides: “§ 1206.”
Barrett v. Barrett, 2022 IL App (5th) 220328-U (Ill. App. Ct. 2022). “” 805 ILCS 206/101(i) (West 2020). Here, the Agreement’s language in paragraphs 1, 3, and 6 specifically provided the surviving partner with the entirety of the partnership by transferring the deceased partner’s one- half interest therein upon payment of one-half of the market…”
Thurman v. Stavaru Academy (N.D. Ill. 2019). “Plaintiff also stated, “The way I understood it was that we were 50/50 partners.”
Cory v. Hunt, 2021 IL App (4th) 190809-U (Ill. App. Ct. 2021). “” (805 ILCS 206/101(f) (West 2014)). Although the intent to form a partnership arrangement is not required, a partnership is a contractual relationship and there must be a meeting of the minds to the terms of the agreement.”
— 805 ILCS 206/101(f) — 4 cases
Alwan v. Kickapoo-Edwards Land Trust, 2018 IL App (3d) 170165 (Ill. App. Ct. 2018). “805 ILCS 206/101(f), (j) (West 2016). ¶ 14 The 1997 Act further provides: " § 1206.”
Alwan v. Kickapoo-Edwards Land Trust, 2018 IL App (3d) 170165 (Ill. App. Ct. 2018). “805 ILCS 206/101(f), (j) (West 2016). ¶ 14 The 1997 Act further provides: “§ 1206.”
Thurman v. Stavaru Academy (N.D. Ill. 2019). “Plaintiff also stated, “The way I understood it was that we were 50/50 partners.”
Cory v. Hunt, 2021 IL App (4th) 190809-U (Ill. App. Ct. 2021). “” (805 ILCS 206/101(f) (West 2014)). Although the intent to form a partnership arrangement is not required, a partnership is a contractual relationship and there must be a meeting of the minds to the terms of the agreement.”
— 805 ILCS 206/101(i) — 1 case
Barrett v. Barrett, 2022 IL App (5th) 220328-U (Ill. App. Ct. 2022). “” 805 ILCS 206/101(i) (West 2020). Here, the Agreement’s language in paragraphs 1, 3, and 6 specifically provided the surviving partner with the entirety of the partnership by transferring the deceased partner’s one- half interest therein upon payment of one-half of the market…”
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