Okla. Stat. tit. 54, § 54-1-202
This is the official text of Okla. Stat. tit. 54, § 54-1-202, part of Oklahoma’s Stat. tit. 54, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 54,." Browse the sections below, each linked to its official government source.
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Formation of Partnership
Official statutory text
Formation of Partnership. (a) Except as otherwise provided in
subsection (b) of this section, the association of two 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.
(b) An association formed under a statute other than this act,
a predecessor statute, or a comparable statute of another
jurisdiction is not a partnership under this act.
(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.
subsection (b) of this section, the association of two 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.
(b) An association formed under a statute other than this act,
a predecessor statute, or a comparable statute of another
jurisdiction is not a partnership under this act.
(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.
Status: in_force · Read it on the official government site
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