LD 1609
pg. 36
Page 35 of 148 An Act To Establish the Uniform Partnership Act Page 37 of 148
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LR 1469
Item 1

 
All property acquired by a partnership, by transfer or otherwise,
becomes partnership property and belongs to the partnership as an
entity, rather than to the individual partners. This expresses the
substantive result of UPA Sections 8(1) and 25.

 
Neither UPA Section 8(1) nor RUPA Section 203 provides any
guidance concerning when property is "acquired by" the
partnership. That problem is dealt with in Section 204.

 
UPA Sections 25(2)(c) and (e) also provide that partnership
property is not subject to exemptions, allowances, or rights of a
partner's spouse, heirs, or next of kin. Those provisions have
been omitted as unnecessary. No substantive change is intended.
Those exemptions and rights inure to the property of the
partners, and not to partnership property.

 
§1024.__When property is partnership property

 
1.__Partnership property.__Property is partnership property if
acquired in the name of:

 
A.__The partnership; or

 
B.__One or more partners with an indication in the
instrument transferring title to the property of the
person's capacity as a partner or of the existence of a
partnership but without an indication of the name of the
partnership.

 
2.__Property acquired by partnership.__Property is acquired in
the name of the partnership by a transfer to:

 
A.__The partnership in its name; or

 
B.__One or more partners in their capacity as partners in
the partnership, if the name of the partnership is indicated
in the instrument transferring title to the property.

 
3.__Presumed to be partnership property.__Property is presumed
to be partnership property if purchased with partnership assets,
even if not acquired in the name of the partnership or of one or
more partners with an indication in the instrument transferring
title to the property of the person's capacity as a partner or of
the existence of a partnership.

 
4.__Presumed to be separate property.__Property acquired in
the name of one or more of the partners, without an indication in
the instrument transferring title to the property of the person's


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