Partnerships
In a Partnership, two
or more people share ownership of a single business. Like proprietorships, the
law does not distinguish between the business and its owners. The
Partners should have
a legal agreement that sets forth how decisions will be made, profits will be
shared, disputes will be resolved, how future partners will be admitted to the
partnership, how partners can be bought out, or what steps will be taken to
dissolve the partnership when needed. Yes, it’s hard to think about a
"break-up" when the business is just getting started, but many
partnerships split up at crisis times and unless there is a defined process,
there will be even greater problems. They also must decide up front how much
time and capital each will contribute, etc.
Advantages of a Partnership
1. Partnerships are
relatively easy to establish; however time should be invested in developing the
partnership agreement.
2. With more than one
owner, the ability to raise funds may be increased.
3. The profits from
the business flow directly through to the partners' personal taxes.
4. Prospective
employees may be attracted to the business if given the incentive to become a
partner.
Disadvantages of a Partnership
1. Partners are
jointly and individually liable for the actions of the other partners.
2. Profits must be
shared with others.
3. Since decisions
are shared, disagreements can occur.
4. Some employee
benefits are not deductible from business income on tax returns.
5. The partnership
have a limited life; it may end upon a partner withdrawal or death.
Types of Partnerships
that should be considered:
General Partnership
Partners divide
responsibility for management and liability, as well as the shares of profit or
loss according to their internal agreement. Equal shares are assumed unless
there is a written agreement that states differently.
Limited Partnership and Partnership with limited
liability
"Limited"
means that most of the partners have limited liability (to the extent of their
investment) as well as limited input regarding management decisions, which
generally encourages investors for short term projects, or for investing in
capital assets. This form of ownership is not often used for operating retail
or service businesses. Forming a limited partnership is more complex and formal
than that of a general partnership.
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