Mississippi Code
Miss. Code Ann. § 79-13-202 (2026)
Formation of partnership
✓ current as of July 2026
- (a) Except as otherwise provided in subsection (b), the association of two or more persons to carry on as co-owners of a business for profit forms a partnership, whether or not the persons intend to form a partnership.
- (b) 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.
- (c) In determining whether a partnership is formed, the following rules apply:
- (1) 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.
- (2) 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.
- (3) 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:
- (i) Of a debt by installments or otherwise;
- (ii) For services as an independent contractor or of wages or other compensation to an employee;
- (iii) Of rent;
- (iv) Of an annuity or other retirement or health benefit to a beneficiary, representative, or designee of a deceased or retired partner;
- (v) 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
- (vi) For the sale of the goodwill of a business or other property by installments or otherwise.
Laws, 2004, ch. 458, § 202, eff. 1/1/2005.
Notes of Decisions
Cited in 2
cases, 2012–2014 · leading case: Humphries v. Rogers (In re Humphries), 516 B.R. 856 (Bankr. N.D. Miss. 2014).
Humphries v. Rogers (In re Humphries), 516 B.R. 856 (Bankr. N.D. Miss. 2014). “” Miss.Code Ann. § 79-13-202(a). Here, each party was awarded a one-half, undivided interest in each of the businesses (with the exception of Gun-town).”
Cates v. Swain, 116 So. 3d 1073 (Miss. Ct. App. 2012). “1985) (“broadly defining] a joint venture as an association of persons to carry out a single business enterprise for profit, for which purpose they combine their property, money, efforts, skill and knowledge”); see also Miss.Code Ann. § 79-13-202(a) (Rev. 2009) (“[A] business…”
Miss. Code Ann. § 79-13-202(a): 2 cases
Humphries v. Rogers (In re Humphries), 516 B.R. 856 (Bankr. N.D. Miss. 2014). “” Miss.Code Ann. § 79-13-202(a). Here, each party was awarded a one-half, undivided interest in each of the businesses (with the exception of Gun-town).”
Cates v. Swain, 116 So. 3d 1073 (Miss. Ct. App. 2012). “1985) (“broadly defining] a joint venture as an association of persons to carry out a single business enterprise for profit, for which purpose they combine their property, money, efforts, skill and knowledge”); see also Miss.Code Ann. § 79-13-202(a) (Rev. 2009) (“[A] business…”
Miss. Code Ann. § 79-13-202(c)(1): 1 case
Cates v. Swain, 116 So. 3d 1073 (Miss. Ct. App. 2012). “1985) (“broadly defining] a joint venture as an association of persons to carry out a single business enterprise for profit, for which purpose they combine their property, money, efforts, skill and knowledge”); see also Miss.Code Ann. § 79-13-202(a) (Rev. 2009) (“[A] business…”
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