Me. Rev. Stat. » Title 31
Maine Revised Statutes

Me. Rev. Stat. tit. 31, § 1022 (2026)

Formation of partnership

✓ current as of May 2026
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1.  Formation of partnership.  Except as otherwise provided in subsection 2, the association of 2 or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership.  
[PL 2005, c. 543, Pt. A, §2 (NEW).]
2.  Not partnership.  An association formed under a statute other than this chapter, a predecessor statute or a comparable statute of another jurisdiction is not a partnership under this chapter.  
[PL 2005, c. 543, Pt. A, §2 (NEW).]
3.  Determination of formation; rules.  In determining whether a partnership is formed, the following rules apply.  
A. Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property.   [PL 2005, c. 543, Pt. A, §2 (NEW).]
B. The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.   [PL 2005, c. 543, Pt. A, §2 (NEW).]
C. A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:  
(1) Of a debt by installments or otherwise;  
(2) For services as an independent contractor or of wages or other compensation to an employee;  
(3) Of rent;  
(4) Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;  
(5) Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds or increase in value derived from the collateral; or  
(6) For the sale of the goodwill of a business or other property by installments or otherwise.   [PL 2005, c. 543, Pt. A, §2 (NEW).]
[PL 2005, c. 543, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 543, §A2 (NEW).
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Notes of Decisions
Cited in 4 cases, 2011–2020 · leading case: Colucci v. Colucci (Me. Super. Ct 2019).
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Colucci v. Colucci (Me. Super. Ct 2019). · cites it 2× “" 31 M.R.S. § 1022(1) (2016). In her complaint, plaintiff alleges that she and defendant Colucci were "equal shareholders and owners of Trillium Place Builders, LLC.”
Tilahun v. T&D Timber Prods., LLC (Me. Super. Ct 2017). “She appears to have played a managerial role in the business, and had a number of interactions with several if not all of the Plaintiffs.”
Clavet v. Dean (Me. Super. Ct 2020). “Clavet does not argue—nor do the facts support the proposition—that Mr. Dean and Mr. Clavet were “partners” in the sense that their various joint enterprises were “the association of 2 or more persons to carry on as co-owners of a business for profit.”
Sleeper v. Rivers (Me. Super. Ct 2011). “Title 31 M.R.S. § 1022 (2010) provides that "the association of 2 or more persons to carry on as co-owners a business for profit forms a partnership .”
— Me. Rev. Stat. tit. 31, § 1022(1) — 2 cases
Colucci v. Colucci (Me. Super. Ct 2019). “" 31 M.R.S. § 1022(1) (2016). In her complaint, plaintiff alleges that she and defendant Colucci were "equal shareholders and owners of Trillium Place Builders, LLC.”
Clavet v. Dean (Me. Super. Ct 2020). “Clavet does not argue—nor do the facts support the proposition—that Mr. Dean and Mr. Clavet were “partners” in the sense that their various joint enterprises were “the association of 2 or more persons to carry on as co-owners of a business for profit.”
— Me. Rev. Stat. tit. 31, § 1022(2) — 1 case
Colucci v. Colucci (Me. Super. Ct 2019). “" 31 M.R.S. § 1022(1) (2016). In her complaint, plaintiff alleges that she and defendant Colucci were "equal shareholders and owners of Trillium Place Builders, LLC.”
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