How does Utah law treat business partnerships compared to limited liability companies (LLCs)?

Under Utah law, business partnerships can be formed without needing to create a distinct legal entity, which is a defining characteristic of partnerships. This means that individuals can enter into a partnership agreement simply through mutual consent and without any formal registration with the state. Partnerships typically share profits and liabilities among partners, and they do not offer the same formalities as LLCs.

In contrast, an LLC is a formal business structure that requires registration with the state and provides limited liability protection to its owners, meaning that the personal assets of the members are generally protected from the liabilities of the business. This is a significant distinguishing factor between LLCs and partnerships, as liability in partnerships is typically shared among partners without the same degree of protection that an LLC offers.

Understanding this distinction is crucial for business owners, as the choice between forming a partnership or an LLC will impact legal and financial responsibilities. Partnerships may be simpler to establish but come with shared liability, while LLCs provide legal protection and require more formal procedures to create and maintain.