Legal Question in Business Law in California

Co-Partners

On a Fictitious Business Name Statement, an entity can choose between a general partnership, husband and wife or co-partner. If a business chooses co-partner, how would that entity differ from a general partnership or husband and wife?


Asked on 1/27/03, 6:49 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Co-Partners

The form asks you to supply the word or phrase that 'best describes' the nature of the business. The distinction between 'husband and wife' and other forms of partnerships should be self-evident; if two persons who are filing are married to each other, this is a better description than the others. The distinction between a 'general partnership' and 'copartners' is less clear. In most cases I would expect either 'a general partnership' or 'a limited partnership' would be the best term to use, but 'copartners' might be better in rare cases, such as where less than all of the partners of a partnership were registering an activity -- they would be copartners, but not the partnership itself. I think you are safe using whichever designation that, in good faith and sound judgment, seems to you to fit best.

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Answered on 1/27/03, 9:00 pm


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