Does A Business Partnership Exist? The Intent Of The Parties No Longer Matters

Are you in a business partnership in Florida? That question is not always as easy to answer as it seems. In some cases, the key issue in a partnership dispute is whether or not a partnership was actually formed in the first place. You may be wondering: How do you determine if a business partnership exists? In Florida, the actual conduct of the parties is the primary deciding factor. Here, our Miami partnership dispute lawyers provide an overview of Florida law regarding the creation and/or existence of a business partnership.

Florida Law: Partnership Formation 

When forming a business partnership in Florida, it is important to get things right. You should make sure that your business partners are all on the same page, filing all of the necessary paperwork, and negotiate a comprehensive written partnership agreement. That being said, a partnership can sometimes be formed in Florida even if the parties fail to follow the typical formal process.

In the old days, courts would look at the intent of the parties to determine if a business partnership was actually formed. However, the law in our state has changed. Under Florida Statutes § 620.8202, a business partnership is formed by the “association of two or more persons to carry on as co-owners a business for profit” regardless of “whether or not the persons intend to form a partnership.” In other words, conduct matters more than intent. Even if one (or both) parties did not want to form a formal business partnership, they could still be deemed partners for the purposes of Florida law. With this designation comes certain rights and responsibilities.

Business Partnership Disputes Can Be Resolved in Several Ways 

IF you are involved in a commercial dispute and one of the key issues is whether or not a partnership even exists, an experienced Florida business lawyer can help you protect your rights and your interests. Business partnership disputes can be resolved in a number of different ways.

In general, it is always best to try to look for all options to settle the matter outside of litigation. This can save you time, money, and it can help to preserve relationships. Business partnership mediation may be the best path forward.

At the same time, you should always be prepared to take aggressive action to protect yourself and your company. Litigation may be necessary in some partnership disputes. A commercial litigation attorney in South Florida can help. 

Schedule a Confidential Consultation With a South Florida Partnership Dispute Lawyer

At Pike & Lustig, LLP, our Florida commercial litigation attorneys have the professional expertise to represent clients in complex partnership disputes. If you are involved in a dispute and the existence of the partnership is one of the key issues, we can help. Call our legal team now for a completely confidential review and assessment of your case. Our attorneys handle partnership law cases in Miami-Dade County, Broward County, Palm Beach County, and in communities beyond.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0620/Sections/0620.8202.html