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Partnerships - Some of the basics
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| Guest post by: Stan Prokop |
Article Overview: The article provides insight into firms that consider a partnership status and provides some pro's, cons, and guidance in that decision .
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Partnerships - Some of the basics
Although most firms probably realize a more significant advantage in incorporation there are still many business owners that contemplate a partnership status. Many lawyers and accounting firms utilize the partnership arrangement - although we would point out that in many areas professionals are gravitating towards corporations that are structured as partnerships also.
The partnership is a joint effort of two or more persons. The loyalty of the partners is focused on the partnership - therefore in the majority of businesses the psychological and intangible focus of the partners is very important - simply speaking - 'Can we work together to make this business successful?'
In a partnership the accounting of the business is vastly different from a corporate legal entity. The ownership capital (I.E. how much each person put in and is credited for), plus the profits are recorded as being allocated to each partner. However all the resources of the business are under the control of all the partners?
One of the downsides of a partnership is the difficulty in bringing in outside capital. The partnership is not a legal entity on its own - so how does an outsider make an investment in the company? That is a challenge.
In a true partnership each partner has the right to speak on behalf of the company and can of course create obligations on behalf of the firm.
Partnership arrangements more often than not are informal - many companies allow the partners to, on agreement, withdraw capital, and this is where many partnerships get into significant trouble re ms-use of partnership assets, etc
Many firms that require larger amounts of capital and assets tend to become corporations, not partnerships - therefore this should be a consideration in any partnership set up.
When business people set up a partnership they needs to focus on several key areas. Those are registration of a name, an agreement on the splitting of profits and losses, and probably most importantly, what happens when the business is wound down, sold, etc.
A solid partnership arrangement is best arrived at the start of a business - with agreement on some of the most important basics. Those include:
Start date
Name of business
Agreement on responsibilities
Amount of capital of funds that each person put in
Salaries
Profit split/sharing
Dispute resolution
In many cases new partners come in down the road when the business grows, or becomes more successful .Partners must agree on how those new people come in re ownership interest, capital split, etc. This is a great time to re-do the initial agreements of course.
In summary, more and more firms tend to incorporate regarding key areas such as personal liability, etc. Partnerships are still common, and we have seen that a good partnership focuses on documenting the roles, responsibilities, and the 'what if's 'in the future.
Article Tags: partnerships
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About the Author: Stan Prokop RSS for Stan's articles - Visit Stan's website Stan Prokop is the founder of 7 Park Avenue Financial . The firm specializes in business financing for Canadian companies in the areas of working capital , asset based lending, SR & ED tax credit financing, equipment financing, franchise financing and banking .
Click here to visit Stan's website Damn You SBL Canadian Government Loans Secrets To Unlock Federal CSBF Loan Success The SRED Bridge Loan The Hushed Truth On SR ED SRED Tax Credit Financing Loans In Canada SR ED Financing Canadian SRED Financing Canadian Business Banking Needs The Edge On Bank Lines Of Credit Whos Best In Canada What If Your Firm Could Get Funding Today for Your Future SRED Tax Credit Financing |
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