Partnership Ordinance of Hk

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Chapter: 38 PARTNERSHIP ORDINANCE Long title Gazette Number Version Date 30/06/1997 To codify the law relating to partnership. [cf. 1890 c. 39 U.K.] [15 May 1897] (Originally 2 of 1897 (Cap 38, 1950)) Section: 1 Short title 30/06/1997 This Ordinance may be cited as the Partnership Ordinance. (Amended 5 of 1924 s. 6) Section: 2 Interpretation 30/06/1997 In this Ordinance, unless the context otherwise requires"business" (業務) includes every trade, occupation, or profession; "court" (法院) includes every court and judge having jurisdiction in the case. Section: Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 3 Definition of partnership 25 of 1998 01/07/1997 NATURE OF PARTNERSHIP (1) Partnership is the relation which subsists between persons carrying on a business in common with a view of profit. (2) But the relation between members of any company or association which is(a) registered as a company under any Ordinance relating to the registration of joint-stock companies; or (Amended 50 of 1911; 1 of 1912 Schedule) (b) formed or incorporated by or in pursuance of any other Ordinance, or any enactment or instrument, (Amended 25 of 1998 s. 2) is not a partnership within the meaning of this Ordinance. Section: 4 Rules for determining existence of partnership 30/06/1997 In determining whether a partnership does or does not exist, regard shall be had to the following rules(a) joint tenancy, tenancy in common, joint property, common property, or part ownership does not of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof; (b) the sharing of gross returns does not of itself create a partnership, whether the persons sharing such returns have or have not a joint or common right or interest in any property from which or from the
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