Forming a General Partnership in Tennessee

  What is a Statement of Partnership Authority? In Tennessee, most types of business entities require specific documents to be filed with the Secretary of State in order to be recognized as a legitimate legal entity. One major exception exists for general partnerships, however, which can exist with no formal documentation. Under the Revised Uniform Partnership Act (the “RUPA”), a “partnership” is “an association of two (2) or more persons to carry on as co-owners of a business or other undertaking for profit.” Tenn. Code Ann. § 61-1-101 (7).  By this definition, individuals carrying on a business together may form a partnership without intending to, or even being aware that they are partners. See In re Copeland, 291 B.R. 740 (2003) (“under Tennessee law, there is no requirement that the parties actually intended to become partners”). In situations where it is unclear whether a partnership has formed, courts will consider […]

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