Partnership Dispute Attorneys
Overview
The Uniform Partnership Act of 1994 set the new standard of laws that applied to all partnerships formed and operated in California. This Act served as the default rules and standards that were able to be varied by the partnership agreement if needed. The 1994 Act codified case law under the Uniform Partnership Act in several significant areas. Some of these areas include treating a partnership as an entity distinct from its partners or defining a partnership’s fiduciary duties.
The partnership dispute attorneys at Flores Ryan, LLP have expertise in every aspect of partnership dispute claims, violations, and procedures. We provide the legal expertise to ensure that disputes are properly prepared and filed. Our extensive experience and knowledge on partnership disputes allows us to maximize the likelihood of a rapid and substantial recovery.
ARTICLES
CSLB Citations
Getting back to the basics of how a CSLB Citation works, this article will provide an overview of what every contractor should know.
What you need to know about CSLB complaints
This article covers the process of complaints and citations issued from the CSLB
California Contractors' License - The Basics
Contractors can learn the limits of what their specific license allows them to do and can learn how to properly maintain their license.
CSLB Investigations: The Rules Of The Road
Many contractors do not know that they have important rights and protections during a CSLB investigation. What should a contractor do or not do, say or not say, when they receive a CSLB investigation letter?
KEY POINTS
- California Corporation Code section 16202, subdivision (a), states that the association of two or more people to carry on as co-owners of a business for profit forms a partnership, whether or not they intend to form a partnership or not.
- According to the Uniform Partnership Act of 1994, a partnership is now considered an entity distinct from its partners. Now a change in membership will not be deemed a reason to create a new partnership and there is no longer a need to convey titles from old to new partnerships when there is a change in partners.
- The Uniform Partnership Act of 1994 expands and further defines what circumstances and acts give rise to a partnership. The following are elements normally present in a partnership but do not necessarily indicate its existence: (1) Co-ownership of property does not establish a partnership even if the co-owners share profits made by the use of property; (2) Contribution of capital is not significant to the existence of a partnership; (3) Sharing gross returns does not establish a partnership; and (4) Sharing business profits such as contingent payments do not presumptively convert lending arrangements into partnerships.
- Under the Uniform Partnership Act of 1994, any person who claims to be a partner, or consents to being represented as such in an actual or purported partnership, is liable to anyone who enters into a transaction with that partnership on the faith of representation.
FORMS
Below you can generate the following forms that are applicable to citations: