Mont. Code Ann. » TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · CHAPTER 10. PARTNERSHIPS IN GENERAL · Part 2. Nature of Partnership
Montana Code Annotated

Mont. Code Ann. § 35-10-201 (2026)

Partnership As Entity

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 35
  3. CHAPTER 10
  4. Part 2
  5. 35-10-201 Partnership as entity

TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

CHAPTER 10. PARTNERSHIPS IN GENERAL

Part 2. Nature of Partnership

Partnership As Entity

35-10-201. Partnership as entity. A partnership is an entity.

History: En. Sec. 6, Ch. 251, L. 1947; R.C.M. 1947, 63-106; amd. Sec. 11, Ch. 238, L. 1993.

Notes of Decisions
Cited in 12 cases, 1984–2004 · leading case: Barrett v. Larsen, 846 P.2d 1012 (Mont. 1993).
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Barrett v. Larsen, 846 P.2d 1012 (Mont. 1993). · cites it 18× “In Smith, we focused on Section 35-10-201(1), MCA, and the elements of a partnership set forth in Bender v.”
Matter of Est. of Smith, 749 P.2d 512 (Mont. 1988). · cites it 7× “Sections 35-10-201 and -202, MCA. See, Bender v.”
Montana Bank of Red Lodge, N.A. v. Lightfield, 771 P.2d 571 (Mont. 1989). · cites it 6× “Section 35-10-201, MCA, defines a partnership as "an association of two or more persons to carry on as co-owners a business for profit.”
State v. Debus, 2002 MT 307 (Mont. 2002). · cites it 4× “The amended Uniform Partnership Act provides that a partnership is an entity (§ 35-10-201, MCA), and all language describing the partners relationship with one another as tenants in partnership has been eliminated.”
McCormick v. Brevig, 2004 MT 179 (Mont. 2004). · cites it 2× “See § 35-10-102(5)(a), MCA; see also § 35-10-201(1), MCA (1991). An informal or oral agreement will usually suffice to create a partnership, and where a partnership agreement exists, it will generally govern relations among partners.”
Wiberg v. 17 Bar, Inc., 788 P.2d 292 (Mont. 1990). · cites it 3× “” Section 35-10-201, MCA. Appellant asserts the parties agreed to jointly operate the 17 Bar until they located a buyer for the business.”
MacArthur Co. v. Stein, 934 P.2d 214 (Mont. 1997). · cites it 3× “” Section 35-10-202, MCA (1991), provides: In determining whether a partnership exists, these rules shall apply: (1) Except as provided by 35-10-308 persons who are not partners as to each other are not partners as to third persons.”
Antonick v. Jones, 769 P.2d 1240 (Mont. 1989). · cites it 2× “A partnership is defined in § 35-10-201(1), MCA, as “an association of two or more persons to carry on as co-owners a business for profit.”
Weingart v. C & W Taylor P'ship, 809 P.2d 576 (Mont. 1991). · cites it 3× “” Section 35-10-201, MCA. To determine existence of a partnership four requirements must be met: (1) the parties must clearly manifest their intent to associate themselves in a partnership relationship; (2) each party must contribute something that promotes the enterprise; (3)…”
Truck Ins. Exch. v. Indus. Indem. Co., 688 P.2d 1243 (Mont. 1984). · cites it 6× “A partnership is defined in section 35-10-201(1), MCA, as "an association of two or more persons to carry on as co-owners a business for profit.”
Tondu v. Akerley, 855 P.2d 116 (Mont. 1993). · cites it 3× “Section 35-10-201(1), MCA, defines a partnership as “an association of two or more persons to carry on as co-owners a business for profit.”
Pulliam v. Pulliam, 733 P.2d 1299 (Mont. 1987). · cites it 3× “Under Section 35-10-201(1), MCA, “[a] partnership is an association of two or more persons to carry on as co-owners a business for profit.”
— Mont. Code Ann. § 35-10-201(1) — 8 cases
Barrett v. Larsen, 846 P.2d 1012 (Mont. 1993). “In Smith, we focused on Section 35-10-201(1), MCA, and the elements of a partnership set forth in Bender v.”
Matter of Est. of Smith, 749 P.2d 512 (Mont. 1988). “Sections 35-10-201 and -202, MCA. See, Bender v.”
McCormick v. Brevig, 2004 MT 179 (Mont. 2004). “See § 35-10-102(5)(a), MCA; see also § 35-10-201(1), MCA (1991). An informal or oral agreement will usually suffice to create a partnership, and where a partnership agreement exists, it will generally govern relations among partners.”
MacArthur Co. v. Stein, 934 P.2d 214 (Mont. 1997). “” Section 35-10-202, MCA (1991), provides: In determining whether a partnership exists, these rules shall apply: (1) Except as provided by 35-10-308 persons who are not partners as to each other are not partners as to third persons.”
Antonick v. Jones, 769 P.2d 1240 (Mont. 1989). “A partnership is defined in § 35-10-201(1), MCA, as “an association of two or more persons to carry on as co-owners a business for profit.”
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.