A partnership is defined as an association of two or more persons to carry on as co-owners of a business for profit. Though not specifically required, written Articles of Partnership are customarily executed. These articles outline the contribution by the partners into the business (whether financial, material or managerial) and generally delineate the roles of the partners in the business relationship.
KINDS OF PARTNERS
*Ostensible Partner.
Active and known as a partner.
* Active Partner.
May or may not be ostensible as well.
* Secret Partner.
Active but not known or held out as a partner.
* Dormant Partner.
Inactive and not known or held out as a partner.
* Silent Partner.
Inactive (but may be known to be a partner)
* Nominal Partner.
Not a true partner in any sense, not being a party to the partnership agreement. However, a nominal partner holds him or herself out as a partner, or permits others to make such representation by the use of his/her name or otherwise. Therefore, a nominal partner is liable as if he or she were a partner to third persons who have given credit to the actual or supposed truth of such representation.
* Subpartner
One who, not being a member of the partnership, contracts with one of the partners in reference to participation in the interest of such partner in the firm's business and profits.
* Limited or Special Partner.
Assuming compliance with the statutory formalities, the limited partner risks only his or her agreed investment in the business. As long as he or she does not participate in the management and control of the enterprise or in the conduct of its business, the limited partner is generally not subject to the same liabilities as a general partner.
ADVANTAGES OF A PARTNERSHIP
* Ease of formation.
Legal informalities and expenses are few compared with the requirements for creation of a corporation.
* Direct rewards.
Partners are motivated to apply their best abilities by direct sharing of the profits.
* Growth and performance facilitated.
In a partnership, it is often possible to obtain more capital and a better range of skills than in a sole proprietorship.
* Flexibility.
A partnership may be relatively more flexible in the decision making process than in a corporation. But, it may be less so than in a sole proprietorship.
* Relative freedom from government control and special taxation.
DISADVANTAGES OF A PARTNERSHIP
* Unlimited liability of at least one partner.
Insurance considerations such as those mentioned in the proprietorship section apply here also.
* Unstable life.
Elimination of any partner constitutes automatic dissolution of partnership. However, operation of the business can continue based on the right of survivorship and possible creation of a new partnership. Partnership insurance might be considered.
* Relative difficulty in obtaining large sums of capital.
This is particularly true of long term financing when compared to a corporation. However, by using individual partners' assets, opportunities are probably greater than in a proprietorship.
* Firm bound by the acts of just one partner as agent.
* Difficulty of disposing of partnership interest.
The buying out of a partner may be difficult unless specifically arranged for in the written agreement.
2007-09-22 16:06:47
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answer #1
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answered by Sandy 7
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partnership = two or more persons come together to carry on a business with a view to profit; they usually have a formal partnership agreement. A partnership may be dissolved by agreement or court order. There are Partnership Acts in the various States and Partnership matters are dealt with in the Supreme Court.
https://www.docdownload.com.au/legalspeak-some-basic-legal-terms#partnership
See https://www.docdownload.com.au/documents/australian-sme-model/australian-sme-model/p1-partnership
2015-08-11 14:48:51
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answer #2
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answered by Steve 1
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Partnership is a business organization where two or more persons bind themselves to contribute money,property,or industry to a common fund with an intension of dividing profits among themselves.
2007-09-23 19:55:40
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answer #3
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answered by kamote 1
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Check out www.irs.gov
Good luck,
2007-09-22 13:12:29
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answer #4
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answered by glaciergizzlybear 2
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