reglab/housing_qa huggingface dataset:
GA Code § 14-8-7 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-7. Determination of Existence of Partnership

 In determining whether a partnership exists, the following rules shall apply:    Except as provided by Code Section 14-8-16 persons who are not partners as to each other are not partners as to third persons;   Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property;   The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived;   The receipt by a person of a share of the profits of a business is prima-facie evidence that he is a partner in the business; provided, however, that no such inference shall be drawn if profits were received in payment of the following, even though the amount of payment varies with the profits of the business:   A debt, whether by installments or otherwise;   Wages, salary, or other compensation to an employee or independent contractor;   Rent to a landlord;   An annuity or other payment to a surviving spouse or representative of a deceased partner;   Interest or other payment or charge on a loan;   Consideration for the sale of good will of a business or other property, whether by installments or otherwise.       (Code 1981, §14-8-7, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 1994, p. 97, § 14.)   Law reviews.   - For annual survey article discussing existence of partnerships, see 46 Mercer L. Rev. 71 (1994).   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 131 et seq.   C.J.S.   - 68 C.J.S., Partnership, §§ 1, 31 et seq.   ALR.    - Noncompliance with statute requiring filing of certificate of partnership as affecting right to maintain action arising out of tort, 2 A.L.R. 119.    Law of infant's contract as applied to contract of or by partnership, 58 A.L.R. 1366.    Liability of former partners as such in respect of transactions subsequent to incorporation of their business, 89 A.L.R. 986.    Lease or tenancy agreement as creating partnership relationship between lessor and lessee, 131 A.L.R. 508.    What amounts to joint adventure, 138 A.L.R. 986.    What creates partnership relation between cotenants of property, 150 A.L.R. 1003.    Validity of partnership agreement between husband and wife, 157 A.L.R. 652.   Lessee interest of individual as becoming partnership asset of firm subsequently formed, 37 A.L.R.2d 1076.   Mining grubstake contracts, 70 A.L.R.2d 904.   Construction of agreement between real-estate agents to share commissions, 71 A.L.R.3d 586.
GA Code § 14-8-8 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-8. Determination of Ownership of Property

  Subject to subsection (d) of this Code section, property, whether real or personal, is presumed to be partnership property where:   It is included as such in the agreement of partnership or described in any recorded statement of partnership under Code Section 14-8-10.1; or   It is acquired in the partnership name.     Subject to subsection (d) of this Code section, property is presumed to be partnership property if it is purchased with partnership funds even though the title or other interest is acquired in the name of an individual partner or partners.   Subject to paragraph (1) of subsection (a) and subsection (d) of this Code section, where property is acquired in the name of an individual partner or partners without use of partnership funds the property shall be presumed to be the separate property of that individual partner or partners even though the property was used for partnership purposes.   Real property and other property held of public record otherwise than in the partnership name, the ownership of which is customarily publicly recorded, shall not be deemed to be partnership property to the prejudice of a person who is not a partner and who did not have actual knowledge to the contrary.   Where property was partnership property under a predecessor partnership, the business of which was continued under a new or reconstituted partnership, the presumption of subsection (c) of this Code section shall not be applicable and whether such property is to be considered partnership property of the new partnership or the separate property of the surviving members of the predecessor partnership shall be determined on the basis of the intention of the parties.   Any estate in real property may be acquired in the partnership name and title to any estate so acquired shall vest in the partnership itself rather than in the partners individually. Title may be conveyed in accordance with Code Section 14-8-10.   A conveyance to a partnership in the partnership name, though without words of inheritance, passes the entire estate of the grantor unless a contrary intent appears.     (Code 1981, §14-8-8, enacted by Ga. L. 1984, p. 1439, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, in paragraph (a)(1) "Code Section 14-8-10.1" was substituted for "Code Section 14-8-10A."   Law reviews.   - For article surveying business associations developments in Georgia from mid-1980 through mid-1981 concerning partnerships and corporations, see 33 Mercer L. Rev. 19 (1981).   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 234 et seq.   CERCLA Liability of Parent, Subsidiary and Successor Corporation, 34 POF3d 387.   Citizens' Suit Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-To-Know Act (EPCRA), 55 POF3d 155.   C.J.S.   - 68 C.J.S., Partnership, § 102 et seq.
GA Code § 14-8-9 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-9. Agency of Partners for Partnership

 Subject to the provisions of Code Section 14-8-10.1:    Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority;   An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners in the partnership agreement, at the time of the transaction or at any other time;   Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to:   Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership;   Dispose of the good will of the business;   Do any other act which would make it impossible to carry on the ordinary business of a partnership;   Confess a judgment;   Submit a partnership claim or liability to arbitration or reference;     No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction.     (Code 1981, §14-8-9, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 1994, p. 97, § 14.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, "Code Section 14-8-10.1" was substituted for "Code Section 14-8-10A" in the introductory language.   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 203 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 188 et seq.   ALR.    - Personal liability to other party to contract of member of firm who, without authority, attempts to bind the firm, 4 A.L.R. 258.    Power of partner to bind firm by bonus agreement, 49 A.L.R. 1315.    Creditor's failure to dissent to retiring partner's notice of noncontinuing liability as assent to his release, 52 A.L.R. 499.    Right to set off claim of firm against indebtedness of individual partner, 60 A.L.R. 584.    Profession at time of act or contract to be acting for another as a necessary condition of its ratification by latter, 124 A.L.R. 893.    Discharge or settlement by, or payment to, one partner or co-obligee, as affecting rights of others, 142 A.L.R. 371.   Powers of liquidating partner with respect to incurring of obligations, 50 A.L.R.2d 826.   Necessity and manner of pleading denial of partnership in action by third person against alleged partners, 68 A.L.R.2d 545.   Vicarious liability of attorney for tort of partner in law firm, 70 A.L.R.3d 1298.   Vicarious liability of attorney for acts of associated counsel, 35 A.L.R.5th 717.
GA Code § 14-8-10 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-10. Conveyance of Real Property by Partners

  Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property if the partnership proves that the partner's act did not bind the partnership under the provisions of Code Section 14-8-9, unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.   Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partnership proves that the partners' act did not bind the partnership under the provisions of Code Section 14-8-9, unless the purchaser or his assignee is a holder for value without knowledge.   Where title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership unless the partnership proves that the act was not one within the authority of the partner under the provisions of Code Section 14-8-9.   Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property.     (Code 1981, §14-8-10, enacted by Ga. L. 1984, p. 1439, § 1.)   Law reviews.   - For article surveying real property law in 1984-1985, see 37 Mercer L. Rev. 343 (1985).   RESEARCH REFERENCES   C.J.S.   - 68 C.J.S., Partnership, § 207 et seq.   ALR.   - Effect of § 26 of Uniform Partnership Act as converting realty into personalty, 80 A.L.R.2d 1107.
GA Code § 14-8-11 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-11. Representation of Partnership Affairs by Partner

 An admission or representation made by any partner concerning partnership affairs within the scope of his authority is evidence against the partnership.    (Code 1981, §14-8-11, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 203 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 224.
GA Code § 14-8-12 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-12. Notice to or Knowledge of the Partnership

 Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner operate as notice to or knowledge of the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.    (Code 1981, §14-8-12, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 207.   C.J.S.   - 68 C.J.S., Partnership, §§ 194, 195.
GA Code § 14-8-13 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-13. Liability of Partnership for Acts of Partners

 Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.    (Code 1981, §14-8-13, enacted by Ga. L. 1984, p. 1439, § 1.)   Law reviews.   - For article, "2013 Georgia Corporation and Business Organization Case Law Developments," see 19 Ga. St. B. J. 28 (April 2014).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, an opinion decided under former Code 1933, § 75-308 and former Code Section 14-8-66, in effect prior to the 1984 repeal and reenactment of this chapter, is included in the annotations to this Code section.   Common law not changed.   - Predecessor section did not change common law rule that partnership and its members could be held liable for damages resulting from negligent tort committed by one of the partners within scope of partnership business. 1980 Op. Att'y Gen. No. 80-106 (decided under former Code 1933, § 75-308).   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 391 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 226 et seq.   ALR.    - Noncompliance with statute requiring filing of certificate of partnership as affecting right to maintain action arising out of tort, 2 A.L.R. 119.    Actions at law between partners and partnerships, 21 A.L.R. 21.    Liability for negligence of intoxicated partner or servant, 55 A.L.R. 1225.    Liability of partners in tort as joint and several, 175 A.L.R. 1310.   Liability for assault by partner or joint adventurer, 30 A.L.R.2d 859.   Dismissal, discontinuance, or nonsuit as to some defendants in contract action against partnership or partners as affecting others, 44 A.L.R.2d 580.   Necessity and manner of pleading denial of partnership in action by third person against alleged partners, 68 A.L.R.2d 545.   Liability of partners or partnership for libel, 88 A.L.R.2d 474.   Embezzlement, larceny, false pretenses, or allied criminal fraud by a partner, 82 A.L.R.3d 822.
GA Code § 14-8-14 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-14. Recovery From Partnership for Loss Caused by Wrongful Act of Partner

 The partnership is bound to make good the loss:    Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it; and   Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership.     (Code 1981, §14-8-14, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 371.   C.J.S.   - 68 C.J.S., Partnership, §§ 192, 204, 214, 226 et seq.
GA Code § 14-8-15.1 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-15.1. Power to Sue or Be Sued

 A partnership may sue or be sued in its common name.    (Code 1981, §14-8-15.1, enacted by Ga. L. 1987, p. 1444, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 438 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 242 et seq.
GA Code § 14-8-16 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-16. Liability of Person Representing Himself as a Partner

  When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made.   When a partnership liability results, he is liable as though he were an actual member of the partnership.   When no partnership liability results, he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.     When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation.     (Code 1981, §14-8-16, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 422 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 201.
GA Code § 14-8-17 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-17. Liability of Incoming Partner

 A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property.    (Code 1981, §14-8-17, enacted by Ga. L. 1984, p. 1439, § 1.)   Law reviews.   - For article surveying business associations developments in Georgia from mid-1980 through mid-1981 concerning partnerships and corporations, see 33 Mercer L. Rev. 19 (1981).   RESEARCH REFERENCES   C.J.S.   - 68 C.J.S., Partnership, § 309.
GA Code § 14-8-19 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-19. Partnership Books

 The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at all times have access to and may inspect and copy any of them.    (Code 1981, §14-8-19, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 181 et seq., 600 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 141 et seq.
GA Code § 14-8-20 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-20. Responsibility of Partners to Reveal True Information to Representative of Deceased Partner

 Partners shall render, to the extent the circumstances render it just and reasonable, true and full information of all things affecting the partners to any partner and to the legal representative of any deceased partner or of any partner under legal disability.    (Code 1981, §14-8-20, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, §§ 718 et seq., 722 et seq., 739 et seq.   C.J.S.   - 68 C.J.S., Partnership, §§ 120 et seq., 331, 348, 350, 351.
GA Code § 14-8-21 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-21. Benefits Derived by a Partner Without the Consent of Other Partners

  Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property.   This Code section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.     (Code 1981, §14-8-21, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   C.J.S.   - 68 C.J.S., Partnership, §§ 150, 154, 155.
GA Code § 14-8-22 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-22. Right to Formal Accounting of Partnership Affairs

 In addition to the remedies or methods of dispute resolution provided for in the partnership agreement, any partner shall have the right to a formal accounting as to partnership affairs:    If he is wrongfully excluded from the partnership business or possession of its property by his copartners;   If the right exists under the terms of any agreement;   If the right exists under Code Section 14-8-21; or   Whenever other circumstances render it just and reasonable.     (Code 1981, §14-8-22, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 269 et seq., , 606 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 453 et seq.   ALR.    - Lack of partnership accounting as tolling statute of limitations against actions at law between partners, 77 A.L.R. 426.   Right to accounting between attorneys associated in practice, in absence of formal partnership, 81 A.L.R.2d 1420.   When statute of limitations commences to run on right of partnership accounting, 44 A.L.R.4th 678.
GA Code § 14-8-23 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-23. Continuation of Partnership After Time of Termination

  When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will.   A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima-facie evidence of a continuation of the partnership.     (Code 1981, §14-8-23, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 1994, p. 97, § 14.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 85 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 87.   ALR.    - Right of one partner to maintain action at law against the other for damages from wrongful dissolutions of firm, 4 A.L.R. 158.    Partnership land as real or personal property for purposes of descent and distribution, 25 A.L.R. 389.    Liability of former partners as such in respect of transactions subsequent to incorporation of their business, 89 A.L.R. 986.   Specific performance of agreement, or provisions thereof, involving partnership at will, 70 A.L.R.2d 618.   Sale or transfer of interest by partner as dissolving partnership, 75 A.L.R.2d 1036.   Construction and application of expulsion provision in partnership agreement between attorneys, 72 A.L.R.3d 1226.