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| 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. |
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| | | 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. |
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| | | 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. |
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| | | §1024.__When property is partnership property |
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| | | 1.__Partnership property.__Property is partnership property if | | acquired in the name of: |
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| | | 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. |
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| | | 2.__Property acquired by partnership.__Property is acquired in | | the name of the partnership by a transfer to: |
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| | | A.__The partnership in its name; or |
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| | | 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. |
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| | | 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. |
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| | | 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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