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Part- D: Transcript Hello, My name is (#your name), student of (###). Today I am here to present the transcript relating to best suitable business structure for small businesses. Through this video, I will describe about the term partnership, partnership agreement and how partnership is beneficial for small business owners. Before going further, it is necessary to understand the meaning of partnership. Meaning of Partnership: The Partnership Act (PA) 1891(QLD) defines a partnership as the relationship between persons engaged in a business with a view to profit.1 The PA 1891 deals with: Partnership nature Partnership relationship with people dealing with them Partnership relationships with each other, and Partnership dissolution and its implications. Thus, afterunderstandingthemeaningof partnership,I wouldliketodefinethe partnership agreement, its meaning and what are the key points, which must be included in such agreement. Partnership Agreement Partnership agreements are not mandatory, but they are highly promoted. The default clauses of PA provide for a particular network of legal security, but there is no assurance that they match theplans, understandingsand specificationsof each partnership. A partnership agreement indicates exactly who owns the percentage of a firm. Following particulars must be included in partnership agreement, these are: A declaration on the company’s accepted principle Declaration of partners commitments including implicit dedication to partnership 1Partnership Act 1891 (s.5)
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Details pertaining to partnership management structure and management authority Admission requirements of new partners Violations of the partnership agreement and recalcitrant conduct provisions Amendment relating provisions in partnership agreements Structures of compensation. After providing all the essential information relating to partnership, I would like to mention the reasons why partnership is a better option for business structure. Reasons why Partnership is a better option for business structure: Partnerships are constructions that involve two or more individuals conducting a business. Following are the some of the benefits of partnership: It is easy and cost effectively to establish. Therefore, it will be easy for you to establish partnership with minimal expenses. Partnership enable individuals to share experience, expertise and resources in order to conduct a shared business together. Thus, as you are three partners you can use your experience to run business collectively. It is easy to transform partnership into company structures if this is deemed necessary as the business grows. Therefore, in future you want to expand your business you can transform a partnership into company. Partnerships can be easily managed. Gains and benefits are shared among partners according to their share. Because you are three business partners as well as family it will beneficial for you to distribute the profits as per your share without any conflicts. Although there are various advantages of partnership but before choosing partnership as your business structure it is necessary to understand its disadvantages also. Some of the disadvantages of partnership are as follows:2 Partner liability is the biggest issue-partners can be held responsible for other partner’s debts and commitments in relation to the company. Personal liability can lead to the use of personal assets to pay partner debts. 2James Davies,Partnership Disputes(Sweet & Maxwell Limited, 2013) 308
Unlike company, partnership is not their own legal entity, so it have unlimited liability that is distributed throughout all partners. Partners that do not pay their part of share of debt will hold other partners responsible. Thus, after considering advantages and disadvantages of partnership it is advised to you that for a small business structure partnership is the best structure, suitable to your conditions. Furthermore, partnerships are one of the simplest ways to engage in business with others.