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ARTICLE · 11 JULY 2023

Conducting Business As A Partnership

The relation which subsists between persons carrying on a business in common, with a view of profit; but the relationship between members of an incorporated company or association...

CanadaTax

Partnerships Generally

Legally speaking, a partnership is:

The relation which subsists between persons carrying on a business in common, with a view of profit; but the relationship between members of an incorporated company or association is not a partnership within the meaning of this Act.

This is the definition of a partnership taken from the act in Manitoba that governs partnerships, known as The Partnership Act (the "Act"). This definition tells us a partnership must have multiple persons (i.e. it cannot be a sole proprietor), and these persons must seek to have a profitable business. A partnership may incur losses, but profit must be the goal.

Further, the legal definition of "partnership" sets a partnership apart from a corporation. It is explicit that a partnership cannot be the same thing as a corporation. Individual corporations may be partners within a partnership, but a partnership itself is not a corporation.

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