What are the salient features of partnership? How to find the perfect business partner? The essential features and characteristics of a partnership are: 1. Agreement: The partnership arises out of an agreement between two or more persons. Profit sharing: There should be an agreement among the partners to share the profits of the business.
Definition: The proprietorship form of ownership suffers from certain limitations such as limited resources, limited skill and unlimited liability.
Expansion in business requires more capital and managerial skills and also involves more risk. A proprietor finds him unable to fulfill these requirements. Share of profits – each partner is entitled to share the net profits of the business.
A contract need not provide for. In a general partnership company, all members share both profits. Business here means any activity leading to earn profit persons joining together and agreed to do charitable work or for formation of any club for entertainment would not be treated as partnership due to absence of the business. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations.
And the profits earned in pursuit of this objective will be shared amongst themselves. So let us look at some important features. But according to the act, a firm must be formed via a legal agreementbetween all the partners.
A partnership firm is not a separate legal entity. So a contract must be entered into to form a partnership firm. Its business activity must be lawful, and the motive should be one of profit.
Similarly, a partnership contract to carry out illegal work, such as smuggling, is void a. Introduction and Evaluation to Forms of Business Organisations 2. Sole Proprietorship 3. Joint Hindu Family Business 4. Cooperative Society 5. Types of Companies 7. In a unique feature, all partners have unlimited liability in the business. The partners are all individually and jointly liable for the firm and the payment of all debts. This means that even personal assets of a partner can be liquidated to meet the debts of the firm. If the money is recovered from a single partner, he can, in turn, sue the other partners for their share of the debt as per the contract of the partnership.
Not all partners of a firm have the same responsibilities and functions. There can be various types of partners in a partnership.
Let us study the types of partners and their rights and duties. He contributes to the capital, has a share in the profit and also participates in the daily activities of the firm. His liability in the firm will be unlimited. And he often will act as an agent for the other partners. But he will still have to make his share of contribution to the capital.
In return, he will have a share in the profits. He will not represent the firm to outside agents or parties. Other than this his participation with respect to capita.
Formation of partnerships firm is an easy task. You only require a contractof partnership. Since many partners are involved in a business they all bring their own expertise and management styles. Registration is not compulsory in most cases.
This helps in better management of the business. All partners also contribute to the capital of the firm so it has more fundsto work with 4. The risk of the businessis also shared among all partners. However, to avoid misunderstandings, the partnership agreement should be in writing.
A typical partnership form of business will always have the following basic features. The definition of the partnership itself makes it clear that there must exist an agreement between partners to work together and share profits amongst them. The members of a partnership , are jointly known as the partnership firm and severally known as partners. It is started through a legal agreement between partners, called as partnership deed.
It lays down the terms and conditions. At least two persons are required to start and run a partnership firm. In a partnership firm, the number of partners should not exceed 20. The contract between the partners may be written or oral. This alliance between both the parties, ensure financing, designing, flourishing and maintaining of the infrastructural amenities within the country.
But the number of members should not exceed in case of banking business and in case of other business. So, this was the explanation of the characteristics of partnership firm or business. The three forms differ in various aspects, but also share similar features. The term partnership has changed over the years, as business people have come to add new features to the old business form. The most used partnership types are listed here, with their features , to help you decide which type you might want to use.
So before you tie the knot, so to speak, you need to enter into what is known as a partnership agreement to protect yourself and your business. Here are six common elements you should include in a partnership agreement—in writing—signed by all partners: 1. Real Estate, Family Law, Estate Planning, Business Forms and Power of Attorney Forms.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.