"Employing unit" means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof or the legal representative of a deceased person, this State or any of its instrumentalities and subdivisions which has, or subsequent to January 1, 1935 has had, in its employ one or more individuals performing services for it within this State.
For the purpose of Chapters 27 through 41 of this Title, the following rule for the continuation of partnership shall apply:
(1) General rule. - An existing partnership shall be considered as continuing if it is not terminated.
(2) Termination.-(a) General Rule. - For purposes of item (1), a partnership shall be considered as terminated only if
(i) No part of any business, financial operation or venture of the partnership continues to be carried on by any of its partners in a partnership, or
(ii) Within a twelve-month period there is a sale or exchange of fifty percent or more of the total interest in partnership capital and profits.
(b) Special Rules.
(i) Merger or consolidation. - In the case of the merger or consolidation of two or more partnerships, the resulting partnership shall, for purposes of this section, be considered the continuation of any merging or consolidating partnership whose members own an interest of more than fifty percent in the capital and profits of the resulting partnership.
(ii) Division of a partnership. - In the case of a division of a partnership into two or more partnerships, the resulting partnerships, other than any resulting partnership the members of which had an interest of fifty percent or less in the capital and profits of the prior partnership, shall, for purposes of this section, be considered a continuation of the prior partnership.
HISTORY: 1962 Code Section 68-13; 1952 Code Section 68-12; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1955 (49) 480; 1966 (54) 2640; 1973 (58) 248.
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