(1) A partnership is an association of two (2) or more persons to carry on as co-owners a business for profit and includes, for all purposes of the laws of this Commonwealth, a registered limited liability partnership. (2) But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under KRS 362.150 to 362.360, unless such association would have been a partnership in this state prior to the adoption of KRS 362.150 to 362.360; but KRS 362.150 to 362.360 shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent herewith. Effective: June 26, 2007 History: Repeal the prior repeal contained in 2006 Ky. Acts ch. 149, sec. 239, which was to have been effective January 1, 2008, 2007 Ky. Acts ch. 137, sec. 180, effective June 26, 2007. -- Repealed 2006 Ky. Acts ch. 149, sec. 239, effective January 1, 2008. -- Amended 1994 Ky. Acts ch. 389, sec. 95, effective July 15, 1994. -- Created 1954 Ky. Acts ch. 38, sec. 6, effective June 17, 1954.
Notes of Decisions
Cited in
11
cases (
5 in the last 5 years), 1962–2025 · leading case:
Roethke v. Sanger, 68 S.W.3d 352 (Ky. 2001).
Roethke v. Sanger, 68 S.W.3d 352 (Ky. 2001).
· cites it 2× “KRS 362.175 defines a partnership as "an association of two (2) or more persons to carry on as co-owners a business for profit.”
Anne M. Talley v. Daniel J. Paisley, 525 S.W.3d 523 (Ky. 2017).
· cites it 2× “” First, there was no express partnership agreement between Daniel and Anne nor any evidence of an implied partnership Second, IiRS 362.180(2) states that “joint tenancy.”
Smith v. Hensley, 354 S.W.2d 744 (Ky. Ct. App. 1962).
“So the judgment should provide that satisfaction be out of the assets of the partnership, as an “association” (KRS 362.175), before resorting to the individual members thereof.”
Smith v. Kelley, 465 S.W.2d 39 (Ky. Ct. App. 1971).
“We have examined the Uniform Partnership Act, and particularly KRS 362.175, *41 362.180(1), 362.180(4) (b), 362.”
Schlarman v. Johns (In Re Lewis), 461 B.R. 414 (Bankr. E.D. Ky. 2011).
· cites it 2× “§ 362.175. The rules for determining the existence of a partnership in Kentucky are set forth in K.”
Anne M. Talley v. Daniel J. Paisley (Ky. 2017).
“" First, there was no express partnership agreement between Daniel and Anne nor any evidence of an implied partnership. Second, KRS 362.180(2) states that "joint tenancy .”
Cristina Arce v. Javier Arce, Md. (Ky. Ct. App. 2021).
“There are only the brief, unclear, and unsworn statements Javier and Cristina provided during the seven- minute hearing, set forth above; the arguments of counsel indicating, as emphasized, that “part of” or “some of the property” relative to the parties’ divorce decree may have…”
Haymaker Dev. Co., LLC v. Gatton (E.D. Ky. 2022).
“§ 362.175(1). Haymaker has demonstrated some difficulty identifying the circumstances surrounding the formation of the alleged partnership.”
Roth v. Rogers (W.D. Ky. 2024).
“”2 KRS 362.175(1). “[A]n express agreement is not necessarily required, and a partnership can be implied based on the parties’ words and actions.”
Little Bent Farm, LLC v. W. Kentucky Univ. (Ky. Ct. App. 2025).
“]” KRS 362.175. KRS 362.180 further instructs that: -18- [when] determining whether a partnership exists, these rules shall apply: (1) Except as provided by KRS 362.”
— Ky. Rev. Stat. § 362.175(1) — 3 cases
Haymaker Dev. Co., LLC v. Gatton (E.D. Ky. 2022).
“§ 362.175(1). Haymaker has demonstrated some difficulty identifying the circumstances surrounding the formation of the alleged partnership.”
Roth v. Rogers (W.D. Ky. 2024).
“”2 KRS 362.175(1). “[A]n express agreement is not necessarily required, and a partnership can be implied based on the parties’ words and actions.”
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