(1) Subject to
subsection (3), partnership is the relation which subsists between persons
carrying on a business in common with a view of profit.
(2) In deciding
whether a partnership does or does not exist in any particular case, the court
shall have regard to the true contract and intention of the partners as
appearing from the whole facts of the case.
(3) Partnership does
not include the relation which subsists between —
(a) the
partners in an incorporated limited partnership; or
(b) an
incorporated limited partnership and its partners.
[Section 7 amended: No. 54 of 2016 s. 122(5) and
(6).]