| Commentary

65.1 Default provisions

| Commentary

(b) Commencement, duration and notice provisions

65 Commencement

65.1 Default provisions

A general partnership is treated as commencing as soon as the definition in the Partnership Act 1890 is satisfied1. This will be the case whatever the partnership agreement states and whatever the parties intend. The Partnership Act 1890 defines partnership as the relation which subsists between persons carrying on a business in common with a view of profit2. The parties may be treated as ‘carrying on a business’ as soon as they take some definite step in preparation for the running of the business3.

The Partnership Act 1890 also contains various guidelines

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