This may be obvious where a formal agreement exists, but a partnership may come into existence without any formal documentation and can be implied out of the relationship between the parties.
For a partnership to exist under the Partnership Act 1890 (the Act), a group of individuals must be carrying on business in common with a view to making a profit. If business is being conducted and no other formal business structure exists it is important to consider whether a partnership may have (perhaps inadvertently) come into existence.