|
Partnerships
A form of business in which two
or more persons join their money and skills in
conducting the business. Partnerships are treated
as a conduit and are not subject to taxation.
Various items of partnership income, expenses,
gains, and losses flow through to the individual
partners and are reported on their personal income
tax returns.
There are two types of partnerships;
General and Limited. General partners have an
obligation of strict liability to third parties
injured by the Partnership. General partners may
have joint liability or joint and several liability
depending upon circumstances. The liability of
limited partners is limited to their investment
in the partnership.
Partnerships may have a partnership
agreement, or declaration of partnership and in
some jurisdictions such partnership agreements
may be registered and available for public inspection.
If no written partnership agreement exists, all
partners are treated as equals.
Some of the topics covered in the
partnership agreements are:
Ownership interest
Loans by partners
Allocation of profits
Management
Duties of partners
Salaries & compensation
Borrowing money
Reimbursement
Competition
Authority
Power of attorney
Admission of new partners
Meetings
Termination and more.
In In the common law, a partnership is a type
of business entity in which partners share with
each other the profits or losses of the business
undertaking in which they have all invested. In
civil law, the partnership is a nominate contract
between individuals who, in a spirit of cooperation,
agree to carry on a enterprise, contribute to
it, by combining property, knowledge or activities
and to share its profit.
Strict liability is a legal doctrine
that makes a person responsible for the damages
caused by their actions regardless of fault. Strict
liability often applies to those engaged in hazardous
or inherently dangerous ventures. The law imputes
strict liability to situations that it considers
to be inherently dangerous; this discourages reckless
behavior and needless loss. It also has the effect
of simplifying litigation and allowing the victim
to become whole more quickly. Strict liability
is important in the law of torts, product liability,
corporations law, and criminal law
|