The fundamental difference between a partnership, a LLP and a private limited company is that in the former, a partner is exposed to a potential liability for all the debts and obligations of the firm"
The scope of this paper is to examine how a partnership differs from other forms of organisations like limited liability partnership and private limited company in terms of liability fastened to the shares held by individuals or entities.
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Partners' liabilities are differently prescribed in that liability caused by any error of one partner need not affect the other partners. State registration is required but some of the states stipulate that partners should take liability insurance or has adequate assets to meet likely claims. This is very much applicable to firms of professionals like accountants, lawyers, architects. Not all the states recognize them. A partner's interest in an LLP can be assigned to third parties in which the assignee gets only the financial benefit and he can not take part in the management nor can he become a partner. There can be more than two partners. An LLP will stand dissolved on the death of a partner and on filing dissolution deed with the Sate authority. A clear advantage of an LLP is that it need not conduct annual meetings and maintain minutes of meetings though it has the features of a limited company. Profit is not taxable at the hands of the firm but that of the individual partners. One disadvantage is that a partner of an LLP can bind his share without the other partners. ...
An LLP name with the above letters can not be registered unless it ends with them. It is an offence to use an LLP's name if the Secretary of State so considers and if the name already exists for an LLP or a registered company. The summary of the act states that main feature of the act is that it offers organisational flexibility and limited liability of the partners.2 The overview of the Act says that an LLP has an unlimited capacity and can act as a separate legal entity as any natural person would. It can contract and own properties and can continue to exist if there is any change in the membership. It implies that any third party can transact with the LLP as an entity unlike in case of traditional partnership where in third party is presumed to deal with the partners jointly and severally. If a partner of LLP is negligent only the firm can be proceeded with and not the individual partner by virtue of limited liability. But in a recent case law 3states that liability by an individual negligent partner causing economic loss to the clients depends the fact of any specific assumption personal responsibility of the partner concerned and whether the client also relied on the responsibility of the individual partner.
Section 4 (1) Companies Act 2006 defines a private limited company as any company which is not a public limited company. Hence in order to understand that, what a public limited company means must be seen. As per section 4(2) of the act, a public limited company whose liability is limited to the extent of its share capital or to the extent of any guarantee where there is no share capital and its certificate of incorporation must state that it is public limited.4
As per section 9 of Partnership Act 1890, partners'
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(“Partnership Law Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
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(Partnership Law Essay Example | Topics and Well Written Essays - 3000 Words)
“Partnership Law Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/miscellaneous/1505769-partnership-law.
It involves an agreement between two or more parties to enter into a legally binding relationship that is essentially contractual in nature”2. It is quite important to understand the concept of Agency as Partnerships are understood to be essentially relationships of agency.
Step 2 Partnership can be identified to possess certain features and aspects such as a legitimate agreement for carrying out a trade by having certain interest and rights with an aim to attain profit. Thus, it can be observed that, “Partnership is the relationship which exists between persons carrying on a business in common with a view to profit.
According to Lindgren (474), a partnership is made of two or more people who, by consent, have come together with the intention of carrying out business and making profit. What makes the definition of a partnership difficult is the fact that a partnership may even exist even in cases where the partners do not have an express written agreement.
Ever since the year 1700, divorce has been able to the married couple, with all the privileges that ascribes unto it. It is now possible to procure a divorce through the Court on the following grounds: (1) adultery by the respondent, (2) unreasonable behavior, (3) desertion by the respondent for two years or more, (4) separation for two years and the parties agree, and (5) separation for five years.
The general rule applies where the agent's contract was authorised, either in advance, or after the fact by ratification; the position may be different where the agent has apparent but not actual authority. It would also be reasonable to conclude Andrew's act as the best available option, given his rights, to confirm the order even prior to receiving verbal or written confirmation from ADC.
Further misrepresentation is also grounds for seeking dissolution (Macintyre, 2005, 464). In a partnership consisting of two members, expelling one partner would force a winding up. In larger partnerships, expelling a member would led to a dissolution, but not necessarily a winding up.
The author states that the general rule applies where the agent’s contract was authorized, either in advance, or after the fact by ratification; the position may be different where the agent has apparent but not actual authority. A defense or claim available against the agent and unconnected with the contract cannot be used against the principal.
All partners are required to indicate their agreement, either in writing (Dignam, & Lowry, 2009).
Laws governing partnership formation tend to be harmonized in consideration of foreign investments. Both
It also considers how the evolution occurred from parnering companies and how the ownerrs of the companies were issued that liability framework. One crucial element of the present firms, remainded to be on top. This is guided by the separate corporate
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