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In some states, a partnership may be formed as soon as two or more people associate to carry on as co-owners of a business for profit. In other words, no formalities exist when forming a legally recognized partnership in these states. The partnership agreement may be either expressly written or implied through the conduct of the parties.
However, some states require a partnership agreement to be written if the partnership cannot be performed until a certain amount of time after its inception. When determining whether a partnership has been formed by implication, courts may consider any expression of intent to be partners, any sharing of profits and losses, and participation in control of the business.