5.1.2 Partnerships
A business partnership is a relationship that exists between two or more people who agree to pool their financial resources and skills and carry on a business together with the aim of making a profit. The agreement is usually a formal legal document that, among other things, spells out the way profits are shared and assets (the accounting name for resources) contributed and withdrawn. Although business partnerships have more resources and personnel they are not separate legal entities and each partner is taxed individually on their share of profits. Again, partnerships keep records and produce accounting reports for only the business transactions.
The maximum number of partners allowed to operate a business in Australia is 20, with some exceptions for professional organizations such as medical practitioners, legal practitioners and accountants.
The advantages of a partnership include:
- Low start-up and reporting costs
- Freedom from the requirements of the Corporations Law (especially for financial reporting)
- More funds because partners generally can raise more than individuals
- Pooled resources of several individuals
- The sharing of expenses and work of the business
- Some specialization of management functions.
The disadvantages are:
- The liability for business debts is unlimited ; so each partner is liable jointly and severally (and may have to contribute personal assets to meet debts)
- Mutual agency , which means that each partner is an agent of the partnership and can enter into contracts on its behalf as long as they are in the normal course of partnership business (don't choose 'maverick' partners!)
- The possibility of disputes as a result of shared ownership and management, so continuity of existence is not guaranteed and the business may have a short life
- The original partnership will dissolve if there are any changes in personnel, such as a partner leaving, dying, or going bankrupt, or if a new partner joins. In some cases changes in personnel may cause the business to close down (be liquidated)
- Restricted access to sources of finance, which limits the scale of operations.
Text reading
Atrill, Mclaney, Harvey & Jenner, pages 22-25.
Attempt each of the Activities 2.1
Write down any extra points you pick up.