Chapter 13- Partnerships Flashcards
What is the partnership act?
Gives basic rules for forming & operating a partnership
What is a partnership?
Two or more people who do business to make a profit
What is association of individuals?
Assigning roles and responsabilities to members of a partnership. Ex ownership of assets or to be sued
When is division of income determined?
When the partnership is formed
If no division of income is stated, how is income split among the partners?
Equally
What is the definition of mutual agency
When each partner acts for the partnership when doing business for the partnership and the action of one partner is binding on all other partners
What is co-ownership of property?
When assets are jointly owned by each partner
If the partnership is disolved, how are the partner’s claims on total assets determined?
By the balance in their capital accounts
What is limited life?
Any change in ownership will dissolve the partnership
What is unlimited liability?
Each partner is liable for the liabilities of the partnership. Creditors have first claim against the assets in the event of liquidation and if not enough assets to pay off liabilities then personal assets must be used
What is a limited partnership?
When those partners have limited liability therefore liability is limited to the amount of capital contributed
What are multidisciplinary practices?
When lawyers become partners with accoutants or other proffesionals
What is the issue of concern with multidisciplinary practices?
Conflict of interest & confidendiality
ex: accountants have public disclosure obligations but lawyers must keep clients’ info private
What are the advantages of a partnership?
Combines skills and resources of one or more people
Easy to form
Relatively free from government regulation
Decisions can be made quickly (no board of directors to consult)
What are the disadvantages of a partnership?
Mutual agency
Limited life
Unlimited liability (hard to raise large amounts of capital)