Idaho Code 30-23-102 – Definitions
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(a) In this chapter:
(1) “Business” includes every trade, occupation and profession.
(2) “Contribution,” except in the phrase “right of contribution,” means property or a benefit described in section 30-23-403, Idaho Code, that is provided by a person to a partnership to become a partner or in the person’s capacity as a partner.
(3) “Distribution” means a transfer of money or other property from a partnership to a person on account of a transferable interest or in a person’s capacity as a partner. The term:
(A) Includes:
(i) A redemption or other purchase by a partnership of a transferable interest; and
(ii) A transfer to a partner in return for the partner’s relinquishment of any right to participate as a partner in the management or conduct of the partnership’s business or have access to records or other information concerning the partnership’s business; and
(B) Does not include amounts constituting reasonable compensation for present or past service or payments made in the ordinary course of business under a bona fide retirement plan or other bona fide benefits program.
(4) “Foreign limited liability partnership” means a foreign partnership whose partners have limited liability for the debts, obligations, or other liabilities of the foreign partnership under a provision similar to section 30-23-306(c), Idaho Code.
(5) “Foreign partnership” means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a partnership if formed under the law of this state. The term includes a foreign limited liability partnership.
(6) “Limited liability partnership” means a partnership that has filed a statement of qualification under section 30-23-901, Idaho Code, and does not have a similar statement in effect in any other jurisdiction.
(7) “Partner” means a person that:
(A) Has become a partner in a partnership under section 30-23-402, Idaho Code, or was a partner in a partnership when the partnership became subject to this chapter under section 30-23-110, Idaho Code; and
(B) Has not dissociated as a partner under section 30-23-601, Idaho Code.
(8) “Partnership” means an association of two (2) or more persons to carry on as co-owners a business for profit formed under this chapter or that becomes subject to this chapter under part 2 of this chapter or section 30-23-110, Idaho Code. The term includes a limited liability partnership.
(9) “Partnership agreement” means the agreement, whether or not referred to as a partnership agreement and whether oral, implied, in a record, or in any combination thereof, of all the partners of a partnership concerning the matters described in section 30-23-105(a), Idaho Code. The term includes the agreement as amended or restated.
(10) “Partnership at will” means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.
(11) “Transferable interest” means the right, as initially owned by a person in the person’s capacity as a partner, to receive distributions from a partnership in accordance with the partnership agreement, whether or not the person remains a partner or continues to own any part of the right. The term applies to any fraction of the interest, by whomever owned.
(12) “Transferee” means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner.
(b) The following definitions outside this chapter apply to this chapter:
(1) “Debtor in bankruptcy” – section 30-21-102(7), Idaho Code.
(2) “Jurisdiction” – section 30-21-102(22), Idaho Code.
(3) “Jurisdiction of formation” – section 30-21-102(23), Idaho Code.
(4) “Person” – section 30-21-102(35), Idaho Code.
(5) “Principal office” – section 30-21-102(36), Idaho Code.
(6) “Property” – section 30-21-102(41), Idaho Code.
(7) “Record” – section 30-21-102(44), Idaho Code.
(8) “Registered agent” – section 30-21-102(45), Idaho Code.
(9) “Sign” – section 30-21-102(47), Idaho Code.
(10) “State” – section 30-21-102(48), Idaho Code.
(11) “Transfer” – section 30-21-102(50), Idaho Code.
Terms Used In Idaho Code 30-23-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Property: includes both real and personal property. See Idaho Code 73-114 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114