chapter 18 Flashcards
partnership
two or more people carrying on a business together with a view of making a profit
partnership agreement
an agreement, usually in writing, setting out the terms of the partnerships
partnership act 1890
the rules that govern a partnership in the absence of a formal partnership agreement
issues arising from partnerships
how much capital each person will bring to the partnership
the roles that will be carried out by each partner
how the profits will be be shared
how new partners will be admitted if the partnership expands
what happens when a partner leaves, retires or dies - or the whole partnership is dissolved
how decisions will be made and disputes resolved.
why is a partnership agreement drawn up
to ensure that all partners know their rights and responsibilities and how the business will operate day to day. the agreement will be in writing, possibly by deed (a formal legal document), although verbal agreements are not unknown. advantage of having a partnership is that many disputes can be resolved without the need to involve the courts
the provisions of partnership act 1890
all partners are entitled to contribute equally to the capital of the partnership
partners are not entitled to interest on the capital they have contributed
partners are not entitled to salaries
partners are not to be charges interest on their drawings
partners will share profits and losses equally
partnerships are entitled to interest at 5% per annum on loans they make to the partnership
advantages of partnerships
The capital invested by the partners is often more than can be raised by a sole trader.
Partners are likely to have a wider range of knowledge, experience and expertise in running a business than a sole trader.
A partnership may be able to offer a greater range of services to its customers.
The business does not have to close down or be run by inexperienced staff in the absence of one of the partners; the other partner(s) will provide cover.
Losses are shared by all partners.
disadvantages of partnerships
A partner doesn’t have the same freedom to act independently as a sole trader does-decisions may have to be agreed that may be a problem if the partners have different views on how the business should develop and operate.
Partners generally have ‘unlimited liability’, which means that they are personally responsible for making good on all losses and debts of the business-this can extend to their losing personal assets.
A partner may be legally liable for the acts of the other partner(s), even if those acts were committed without all of the partners’ knowledge.
appropriation account
an account prepared after the statement of profit or loss that shows how the profit for the year is divided between each partner. it is a continuation of statement of profit or loss. it begins with the profit or loss for the year brought down from the statement of profit or loss
appropriation
the sharing out of something-in this case, the profit made by the partnership
how is the division of profit earned or loss incurred between partners be show in a partnership
it can be shown by preparing an appropriation account
things that need to be considered before drawing up a partnership agreement
interest on partners’ drawings
partners’ salaries
interest on partners’ capital
share of the residual profit
interest on partners’ drawings
a charge or fine imposed on partners, usually as a percentage of drawings, designed to deter partners from removing too much money from the business.
partner’s salary
a share of the partnership profit for the year paid to one or more of the partners in addition to their normal share of the profit for the year.
interest on capital
a share of the profit for the year usually based on a percentage of the amount of fixed capital each partner has contributed to the partnership. the rate of interest to be paid should be stated in the partnership agreement. interest on capital is payable even if the firm does not make profit