When you start a business or a venture one has to make decisions. And business is a whole new process of setting a company or a firm that is just like a newborn baby. A baby has to be taken care of and has to be taught everything and also needs spoon-feeding. A new venture requires a whole lot of effort and partnership is the most major part of it.
A partnership is a part of a new venture and you as an individual have to decide whether you want to do solo business or you want a helping hand. So, today we will learn about a partnership, different features of partnerships, and different types of partnerships.
If you are a person who wants to start a new venture after B.com course in Ahmedabad. The partnership will be the most important aspect of it. And here you will get to know partnership and how a partnership works? And what is a partnership? And some of its key features.
A partnership is part of a business or a new venture. Also, a partnership is considered to be a kind of business. In this kind of business, minimum of two partners decide to come together for a new venture and share responsibilities as decided by them. In a partnership, there is a formal agreement that takes place between two or more people and they are the co-owners. And in this agreement, all have shared as mutually decided in profits as well as losses. Also, there is no solo decision; the majority of all the partners have to agree to the decision.
In India, all functions and aspects of partnership works or are administered under ‘The Indian Partnership Act 1932’. This law specifies and explains that a partnership is an association between two or more individuals or organizations who have agreed to be co-owners of a venture and they have to share the profits and loss as mutually decided. Also, the share of profits that have been generated from a business should be done under the supervision of the members or on the behalf of other members.
Features Of Partnership
Now that we have understood what a partnership looks like, let’s look at some features that constitute this type of arrangement.
- Partners Agreement: In a company or an organization the association of two or more partners is the most important aspect. When you as an individual decide to do a partnership for your new venture all the partner’s agreements will be the prior thing to do. An agreement is the basis of an association between two or more individuals. This is a type of agreement that is always written. Also, some people do an oral agreement evenhandedly. But it is preferable to do a written agreement. Also, it is always that all partners have a copy of their written agreement. The agreement should also be norarised and prescribed stamp duty has to be paid on the same. We have also registered our firm with the registrar of the firm.
- Two or more two people: In a new venture it is always suggested that there should be a partnership of two people which have a common goal. In an enterprise, for a partnership, at least two people should be there. Whereas there can be more than two people depending upon what is your goal.
- Sharing of profit: When two people form an association for a common goal so it is a rule that they have to share the profit or loss that is being processed by the company. The partners have to share the profit as well as loss as mutually decided.
- Profit Motive: It is very important that when you and your partners start a business that business should be profitable and have a gaining motive.
- Correlated Business: In a partnership both the partners are the co-owners as well as an agent of their firm. Any act performed by a partner will affect the other partners and the company. So, this point acts as a test of partners and their partnership.
- Limitless Liabilities: Every partner in a partnership has limitless liabilities. All the partners are jointly and severally liable for all the losses caused by the firm.
These features are the most important for the person who wants to start a partnership. After commerce course in Ahmedabad, an individual must have learned about the features of a partnership and how it works.
Types Of Partnerships
Partnerships are divided into different categories depending upon the state and at which part of the world business operates. Here we will talk about three common types of partnerships.
- General Partnership: This type of partnership comprises two or more two people who have formed an association to run a business. In this type of partnership, every partner has an equal right and every partner can exercise their rights. Every partner has the right to control business and also participate in every activity like decision making, management activities, etc. Not only the rights, but there is equal sharing of responsibilities as well as liabilities. Any type of loss, profit, or liability every partner will be held responsible for the same. Even if one partner is sued, the rest of the partners are held accountable. The court or the creditor will hold the partner’s assets. So, people usually don’t opt for this type of partnership.
- Limited Partnership: In this partnership, includes each of the final and restricted partners. the final partner has unlimited liability, manages the business, and also the alternative restricted partners. restricted partners have restricted management over the business (limited to his investment). they’re not related to the everyday operations of the firm. In most cases, the restricted partners solely invest and take a profit share. they do not have any interest in taking part in the management or higher cognitive process. This group action means that they are doing not have the correct to compensate the partnership losses from their revenue enhancement come back
- Limited Liability Partnership: In an LLP partnership all the partners have limited liability. Each partner is guarded against alternative partners’ legal and monetary mistakes. A Limited Liability Partnership is similar to a Limited Liability Company (LLC) but different from Limited Partnership and a general partnership. We have to register LLC to registrar of companies under LLP Act to start the same.
- Partnership At-Will: Partnership at Will can be defined as a partnership where no clause has been mentioned about the expiration date of the partnership. Under Section 7 of The Indian Partnership Act 1932, Two clauses have to be fulfilled for Partnership At Will
- The partnership agreement should not have any fixed expiration date.
- No particular determination of the partnership should be mentioned.
Therefore, if the duration of the partnership has been mentioned in the agreement that will not be considered Partnership At Will. Also, If the firm has initially fixed an expiration date but continues or is operational after the given date then that is considered Partnership At Will.The technicalities of Partnership can only be learned from a good institute. Like the commerce course in Ahmedabad offered by H.L College of Commerce.
Advantages of Partnership
- In a partnership, there is an easy formation that can be done through an oral or written agreement
- In a new venture, there is a large use of resources instead of being a sole proprietor you can be share and contribute the capital
- There is flexibility where you can make any changes ad required to achieve the motive
- All the loss and profits are equally shared and burden so no one individual is a loss or profit
- A partnership firm has a combination of new skills because there is the advantage of knowledge, skill, talents and experience.
Disadvantages Of Partnership
- There is a limited amount of capital
- There are unlimited liabilities
- There is difficulty in transferring shares because the funds can only be transferred once the agreement is done
- A partnership business could face dissolution just in case of death, economic condition or mental or physical sickness of active partners
- A partnership has limited business sizes and it barely has its existence of the law so there is a less public faith
- In a partnership, some dispute can occur in terms of authority and the profit so this create problems between the partners and for the business
- With a lack of prompt decision the partner’s square measure needed to make consequences before creating any call within the partnership business.All the partner ought to move to debate the matter of business. therefore this takes a very long time to form a call and conjointly delays it
- There is a risk of implied authority that the two active partners are the decision-makers of the business, but there is no certainty if the partner is deciding for the betterment of the business. There is a risk whether the partner is deciding for his or her benefits
Conclusion
A partnership is the best way to do business. As it creates opportunities for any two or more individuals and this brings the best out of it. Two or more minds with creative and mind-blowing ideas give outstanding performance and results. The partnership is a benefit for those who have a proper written agreement because that will help in doing a proper and well-structured business with equal responsibilities and liabilities.
Part – iv- Learn Commerce structures IV: Public Limited Company
Part – iii – Learn Commerce Structures III: Private Limited Company
Part – ii – Learn Commerce Structures II: Proprietorship Firm