Overview •When selecting “partnership” as a business structure, understand of its characteristics is important. •It can be general and limited. •Partners share equal profit and loss in general whereas liability is specific to a certain extent in limited partnership. •You should also select limited partnership for your business.
Setting up •Registration not mandatory, but it will benefit the partners. •During registration, number of partners, capital contribution and their authorities are specified (Business, 2020). •Filling for “Tax File Number” for separate income tax filling. •Application to collect licences and registration for managing the business. •Create a partnership agreement establishing authorities, liabilities, profit sharing ratio and roles.
Partnership agreements •Both oral and written •Written are recommended since terms are clearly specified to avoid vagueness. •Easy resolution of dispute due to written terms for roles, authority and responsibilities. (LawDepot, 2020) •Protecting minority and majority owners’ interest •Makes it easier to determine future of the business if one partner leave or dies.
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Profit and Loss sharing •Profits are distributed equally, unless another profit sharing ratio is given. •Losses are distributed in the ratio of profits, unless decided otherwise. •Partners can agree to distribute profits based on their capital contribution in the business. •Any other ratio can also be specified.
Dissolution •Insolvency of business, death or bankruptcy of partner leads to dissolution. •Court order or written notice by one partner can also dissolve partnership business. •When partners no longer own the business or when their agreement expires (Hill, 2018). •The revenue is used to pay off business’s debts and then it is distributed equally among partners or in their profit sharing ratio. •No partner receive first share in the profits and they receive equal share or as per their profit sharing ratio.
References •Business. (2020).Business Structures.Retrieved from https://www.business.gov.au/Planning/Business- structures-and-types/Business-structures •Hill, D. (2018).How to Dissolve a Business Partnership. Retrieved from https://australiandebtsolvers.com.au/research- centre/dissolve-business-partnership/ •LawDepot. (2020).Create your partnership agreement. Retrieved from https://www.lawdepot.com/au/partnership- agreement/#.Xp4n3WYzbDc