TABLE OF CONTENT
1. Introduction ..............................3 2. The essential elements of partnership …………………..4 3. Bibliography ……………...…..13 4. Table of Cases ………………....13
Introduction
The partnership as a form of business enterprise developed from the concept that if two of more individual owners joined forces a stronger entity would develop because they would then have at their disposal their combined resources, financial, skills and others. The South African law of partnership is largely governed by common law principles,[1] which is similar in Namibia.
A partnership may be described as a legal relationship that arises contractually between it is concluded
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According to the agreement, the appellant let to Gascoyne the Bellevue Colliery, with plant, tools, implements and etc. The terms of the tenancy were from the 1st day of June (1913) for an indefinite period, but terminable by either parties giving six month notice to the other to that effect. Other important stipulations in the agreement were that, firstly Gascoyne was to pay one half of the net profit derived from operating the mine to Joubert as lien for rent; secondly Gascoyne was to work the in a proper manner with the aim of making a profit. As security for proper payment of the consideration owed to Joubert, they agreed to open an account in the name of Bellevue Colliery, which was to be operated jointly by the parties, and cheques were to be signed by both parties; moreover all monies earned by the mine were to be paid into the said bank account, and all liabilities or accounts were to be paid by cheque. Gascoyne was to furnish Joubert with monthly financial statements showing the estimated profit earning for the month.
The Court accepted Pothier’s formulation of the essentialia of partnership, stating: “Now, what constitutes a partnership between persons is not always an easy matter to determine. The definitions which have been quoted to the Court differ to some extent. But I think we are safe if we adopt the essentials which have been laid down by Pothier on Partnership, borne out as these are by the definitions which he gives of partnership. These
The benefits of Partnership Company are that business is anything but difficult to build up and start-up expenses are low. There is more capital accessible for the business. Workers that are of high-bore are made accomplices. The burdens are that the obligation of the accomplices for the obligations of the business is boundless . There is additionally danger of differences and contact among accomplices and administration. Every accomplice is an agent of the partnership and is at risk for activities by different accomplices. This means that it brothers choose this type, they will be responsible for each other’s action irrespective of the fact whether they like it or
The business entities of corporations and partnerships share many similarities, however key difference exist, primarily in terms of formation, taxes and liability. This section will largely address the issue of liability, in terms of the effects of damages, disclosure requirements and personal liability for both corporations and partnerships. Additionally Amazon will be examined as a partnership rather than a corporation to further illustrate these differences.
-A partnership is an organizational form that contains two or more people who are able to be joined together legally in order to share the management duties and make profit from the business.
There are many pros and cons for starting a partnership. A partnership is simple, inexpensive and easy to start. Partnership's formalities are relaxed where there are no required annual meetings, as compared to other formations. Unlike other types such as a corporation, a partnership is not required to file annual financial reports with the state and not required to maintain documents. Most importantly, partnership enjoys favorable tax treatment as a passed-through entity and do not have to pay minimum taxes that are required of LLCs and corporation. However, because partnership formation is relatively simple, there is greater risk of disputes among the partners due to poor organization. Most importantly, the partners in a partnership do not enjoy limited liability. They are personally liable for the partnership’s debt, losses, and other obligations. Under the agency theory, the partnership and a partner may be held liable for other partner’s conduct. Thus, it is imperative to anticipate potential issues that the partnership may be exposed to and reduce it to a written agreement. The agreement should address how partnership reaches a decision and how to resolve a dispute when it arises. In addition, the agreement should layout partner’s termination as well as how to wind-up in the event of partnership dissolution.
3.2 Powers. The Partnership shall have the following powers: 1) to conduct and operate the Partnership business; 2) to execute necessary business documents including notes, leases, service contracts, etc; 3) to open bank
A partnership is an arrangement between two or more groups, organizations or individuals who work together to achieve common aims or who have common interests.
A partnership is the creation of two or more people who operate a business as co-owners and share profits. There is a collective amount of money that is contributed to the organization as it pertains to all aspect of the business and in return each individual share equally the profits and losses of the business. Partnerships require that there be a partnership agreement established because more than one person can make decisions for the partnership. The agreement should include how future business decisions will be made, the profits will be split among the partners, and the dissolving of the partnership (sba.gov). The partnership must file an annual information return that reports income, deductions, gains, and losses that occur from normal business operations. The business does not pay income taxes but the business pass through any profits and losses to its partners. Taxes that are included in a partnership are: employment tax, excise tax, annual return of income, income tax, self-employment tax, and estimated tax. Other qualifications of a partnership is that partners must furnish a copy of their Schedule K-1 form to all the partners by the date of the Form. It is important to remember that partners are not employees and they are not to be issued a W-2 Form.
Then the agreement can include clauses about Interest on Capital, Financial Decisions, Profit and Loss would be an important one to include, Books of the Account (since in one of the case studies one of the partners was mismanaging their books), Annual Reports, Management, Transfer of Partnership Interest, or Voluntary/Involuntary Withdrawal of a Partner. Also, this agreement should include liability, governing law, definitions, and miscellaneous.
A Partnership is a business form that consists of two or more individuals. There are two types of partnerships; general and limited. General partners are liable for the full extent of debts and obligations within the business. Limited partnerships provide individuals with a limitation of responsibilities in the organization’s liability; this type of partnership is dependent upon the investment percentage. Advantages of partnerships consist of cost efficiency, shared financial responsibility, complementary skill association, and offer employees partnership incentives. Disadvantages of partnerships are joint and individual liability, disagreements between partners, and shared profits (“U.S. Small Business Administration,” 2013).
In order to have a partnership, you must create an agreement of the parties, the formation of a unified action to a for-profit business partnership. The parties must decide its proportionate share of investment, in order to determine the revenue and profit, will pay and receive. Partners have unlimited liability partner the relationship of debt.
Term of Partnership: - A term has to be signed for partnership, starting from the commencing date or the date when the partnership was signed. A term can also be interpreted as an advantage because if the company is not doing well according to the partners agreement, when the term ends each partner will take
The article entitled, “Writing Partnerships”, is incredibly insightful when it comes to informing teachers about a revolutionary idea revolved around writing workshop. This idea proposes that teachers assign each student a writing partner and they work together to encourage each other in the writing process. By having students participate in such a way, allows the teacher to walk around and monitor the writing process without being bombarded with thousands of questions that students have about their individual writing pieces; that’s what the writing partner is for. The article talks about the different ways that this can be conducted, such as teachers could pair students together of opposite gender, teachers could pair students up based upon
Having discretionary time, more contacts, support and motivation is a big plus when starting a business. The right partnership has these qualities. When one needs time to spend with family and friends or even just to get the most important things dealing with the business done, having a partner is a good ideal because days or weeks can be rotated among the two. By bringing on a partner, you acquire a new network of contacts and potential customers. If one partner was to died or become physical impaired while in the partnership agreement the other partner can take over the business completely or choose to sell the other partner’s half of the business (Price, 2012). With sole proprietorship if the owner becomes impaired or dies the business can result in termination because there is no one to take over the business (LaMance, 2013)
A general partnership is defined as “a form of business organization that comes into existence when two or more persons carry on business together with a view to profit” (McInnes et al. 537). Additionally, a partnership involves every partner taking responsibility for losses. When deciding whether or not a partnership exists, there are many factors that a court would look at to determine if this definition applied to Marty and Sally. The criteria for a partnership involves:
A partnership is a business organization where the partners own the business together and are