Legal Question in Business Law in California

Re: Partnerships

The term "copartnership" is used extensively in the Business and Professions Code and seems to include a general partnership and a limited liability partnership (LLP), but to exclude a limited partnership (LP).

LPs and LLPs are formed using special applications to the Secretary of State and unless registered as an LP or LLP a partnership is necessarily a general partnership. The differences between them are set out at length in various chapters of the Corporations Code.

For LLPs, refer to Corporations Code Article 10, commencing with Section 16951 of said Code.

For LPs, see Corporations Code Chapters 2, 3 and 5.5, which show the provisions of law affecting LPs depending upon their date of formation. The most modern provisions are those of Ch. 5.5, which will become effective 1/1/2008.

So, to answer your question, copartnership is a slightly more inclusive term, since it appears to include not only plain-vanilla general partnerships but also LLPs.

See Corporations Code Chapter 5,beginning at Section 16100, for provisions affecting general partnerships and to some extent LLPs.