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Understanding Partnership in Economics

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0% found this document useful (0 votes)
95 views3 pages

Understanding Partnership in Economics

Uploaded by

marvelv056
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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THE PARTNERSHIP

Definition – Partnership is a type of business organization formed by an association


of two to twenty persons having similar interests, and by agreement (usually legal)
decide and plan to run a business together with the sole aim of making profit.
Examples of partnership in Nigeria are Dantata & Sawoe Construction Company,
Afe Babalola and Co, Nigeria-Turkish International School, etc.
FORMATION OF PARTNERSHIP: A partnership is usually governed by a
written agreement which is usually drawn up by a legal practitioner. The agreement
is called a deed of partnership (made for the internal activities of the business) or
articles of partnership (deals with the provision for the business relationship with the
outsiders)
The agreement contains the following rules and regulations;
1. The names of the partners
2. The name of the firm.
3. The nature of the business formed
4. The rights and duties of each partner
5. The proportion of the capital to be provided and whether interest should be paid.
6. The signatories on the cheques
7. The sharing of profits and provision of drawings
8. Duration of partnership
9. The circumstances which can dissolve the partnership
10. The payment of partners’ salary
11. The method of admission of new partners
12. The objective of the firm.

Features of Partnership
1. Ownership: the number of partners ranges from two to twenty for most
business, but two to ten for banking business.
2. Life span: the life span of partnership depends on the agreement signed by
the partners involved.

3. Management: the business has no board of directors. The active partners


control and manage the business.

4. Objectives: the main objective of partnership is to make profit.

5. Legal entity: it is not a legal entity as the partners do not have a separate
identity from the business.

TYPES OF PARTNERSHIP
There are two types of partnership, these are:
Ordinary Partnership: - In this type of partnership, all the partners have equal
responsibility in the management of the business and are generally liable for any loss
or risk. They have equal powers, unlimited liabilities, take active part, and profits
are shared equally.
Limited Partnership:- In this, the debts of any member are restricted to the amount
of money contributed in running the business. Not all the partners take active part in
the management of the business but there must be a member who takes part in the
running of the business and also bears the risk.
TYPES/KINDS OF PARTNERS
1. Nominal or Quasi-Partner: He contributes only his name but does not take
active part in the running of business. His influence in the business can give
access to certain privileges. He is entitled to the profit of the business as stated
in the deeds of partnership.
2. Sleeping or Dormant Partner: He contributes capital but takes no part in the
conduct and management of the business. He takes part in the profit or the loss
of the business as specified in the partnership agreement.
3. Active Partner: This is the partner that takes part in the formation, financing
and management of the business. Salary is paid to active partner who serves as
the managing director of the business if it is indicated in the partnership deed.

Advantages or Merits of Partnership


1. Joint decision making: When two or more partners put heads together and
take joint decisions on the enterprise, better results are derived.

2. There is privacy: There is privacy in conducting business affairs since it is


not required to make its accounts available for public inspection.

3. Greater Continuity: The death of a partner may not lead to a total dissolution
of the business since the other partners can still go ahead.

4. Loan facilities: A partnership can easily obtain loan from creditors since they
are jointly liable.

5. Personal Contact: There is still an element of personal contact with both


employees and customers. This is because of the relatively small size of the
business when compared with the limited liability companies.

Disadvantages or Demerits of Partnership


1. Disagreement between partners can end the business.

2. The partners especially in ordinary partnership can have unlimited liability


in the case of liquidation of business.

3. It may be difficult to manage because different opinion of a partner can


hinder the decision making in the business.

4. It experiences limited growth since it has no legal right to obtain more capital
through share.

5. Business is not a legal entity because it cannot stand as a person in the court
of law.

Sources of Finance for Partnership


i. Contribution from members;
ii. Borrowing from bank;
iii. Ploughed back profit;
iv. Borrowing private individuals;
v. Sale of business assets.

Common questions

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The requirement of joint liability can complicate external financing as creditors might view all partners as responsible for debts, potentially affecting personal finances and credit histories. This could be a deterrent for partners concerned about unlimited liability . However, joint liability can also assure creditors of a broader guarantee for loan repayment, thus increasing the chances of securing loans, albeit with personal risk .

The lack of legal entity status in a partnership affects its financial and legal standing by making partners jointly and severally liable for debts and obligations, meaning personal assets may be at risk in case of business failure. It cannot independently sue or be sued, as it does not exist separately from its members, thus complicating legal proceedings . This status also limits its ability to raise capital through shares, impacting its growth potential .

Differing opinions can lead to conflict and hinder decision-making, potentially stalling business operations. This is significant in partnerships where unanimity or consensus is often needed . Such challenges can be mitigated through a comprehensive partnership agreement that clearly outlines decision-making processes, conflict resolution mechanisms, and specified roles, which help harmonize diverse viewpoints and maintain operational harmony .

A sleeping partner contributes capital but does not partake in the management of the business. Positively, this can mean less conflict in decision-making, as fewer voices are involved in daily operations . However, the negative implication may involve less communication and possibly a disconnection from the business actions, which might affect moral or financial support during critical situations .

A deed of partnership, written by a legal practitioner, is crucial in the formation and operation of a partnership as it outlines the internal guidelines and terms agreed upon by the partners. It includes the names of partners, firm name, nature of business, rights and duties, capital contributions, profit sharing, and the conditions for dissolution. This document provides a formal structure and clarity, ensuring smooth operations and mitigating disputes by having agreed references .

The articles of partnership stipulate the method for admitting new partners, impacting flexibility and growth by providing a structured process that ensures orderly expansion. Clear criteria and terms for new entrants help maintain existing relationships and prevent disputes. This structure aids in adaptive growth, especially when new partners bring additional resources or expertise, crucial for competitive positioning and operational enhancement .

In an ordinary partnership, all partners share equal responsibility in the management of the business and are generally liable for any losses or risks. They have equal powers and participate actively in business operations, sharing profits equally . On the other hand, a limited partnership restricts the liability of certain partners to the amount of capital they contributed. Not all partners in a limited partnership participate in business management, but at least one partner must engage in managerial activities and assume risks .

The features of a partnership, such as the absence of a requirement to disclose accounts publicly, ensure a high level of operational privacy, allowing partners to conduct their affairs discreetly . This privacy can foster a more comfortable internal dialogue and operational focus. Additionally, the feature of continuity, in which the death of a partner may not necessitate dissolution, aids in stability, allowing the business to persist beyond individual partner lifespans .

The structure of a partnership enhances joint decision-making by allowing two or more partners to collaborate and deliberate on business decisions, combining their skills and experiences, which often leads to more well-rounded and effective decisions. This collective approach increases the potential for better results and success, as it allows partners to contribute diverse perspectives and solutions to business challenges .

The personal contact advantage in partnerships allows for stronger, more intimate relationships with both customers and employees due to the typically smaller size and personalized management approach . This can foster customer loyalty, as clients might feel valued and individually catered to, while also enhancing employee satisfaction through direct communication and attention from the partners, leading to a motivated workforce .

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