...INTRODUCTION Partnerships are defined by the Audit Commission (1998) as “joint working arrangements where parties are otherwise independent bodies who agree to co-operate to achieve common goals, create a new organisational structure or process to achieve these goals, plan and implement a joint programme and share relevant information, tasks and rewards”. Stern and Green (2005) clarify the definition of partnerships further as programmes that have “a high level of commitment, mutual trust, equal ownership and the achievement of a common goal, as distinct from networks which involve sharing information or other resources but not for the explicit purpose of joint working”. Definitions are particularly significant to the topic of this essay, as the component characteristics of partnerships as set out above are often overlooked by organisations and individuals when approaching the delivery of activities ‘in partnership’. In theory, partnership involves collaborative working where people pool ideas and expertise, so the leadership, energy and services produced are greater than the sum of their individual capabilities. It also requires re-thinking the remit or boundaries of organisations within which leadership is to be distributed and respected. This is particularly relevant when considering partnerships to deliver single outcome agreements that have previously been the responsibility of one body, or several bodies in isolation. These are challenges to which public sector...
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...regardless of whether the business bears his name or a fictitious name, and does not have to meet many requirements to start a business. Since the business is not considered a legal entity, it is the owner who is sued rather than the business. * must be registered as a business if it operates under a fictitious name A sole proprietorship operating under a name other than the name of the owner is considered to be operating under a fictitious name. The kinds of services and supplies that might be provided by a sole proprietorship and require licensure include healthcare services, the provision of food and drink, childcare, and financial services. State statutory law, established by the state legislature, governs sole proprietorships, like partnerships, franchises, and corporations. *...
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...Business operations Introduction Businesses can expand and originate from various entity types. Limited or general partnerships, corporation, sole proprietorship, nonprofit organizations, Limited Liability Company (LLC), and Limited Liability Partnership (LLP) may be a few examples of the styles available for business shareholders and owners to choose from in order to carry out their business operations. Each and every style may have its own gains and setbacks as regards taxation, liability and government regulations and laws. In a bid to answer your question, I might have to make use of two different business examples which comprise of different operation styles and guidelines. The two businesses include a bar business and professional practice and may be detailed on the basis of basic requirements necessary for successful business formation. I would also be keen at outlining the entity choice for each of these businesses as a way of providing advantages over the other. A detailed explanation of how each of the two scenarios controls the taxation, liability and business issues would also be in order. To add on that, the regulations, laws and potential risks that may be involved in every business style may be identified. Bar business The best business entity choice for Miriam, Lou and Jose in their business operation could be forming a Limited Partnership. Jose and Lou would then perform the role of general partners hence manage the operations of the business on a daily basis...
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...LEGAL FORMS OF BUSINESS Preferred Form of Business for Different Business Scenarios Abstract Either when starting a business, or even when the venture parameters have changed, owners must decide in regard to the most suitable business structure for their needs. Whether the business will be a sole proprietorship, partnership, limited liability company (LLC) or corporation, it depends on the type of business, how many owners it has, and its financial situation. There is no one choice that suits every business situation. This paper analyses several of the most important factors to be considered when deciding in regard to the business structure, including: • Potential risks and liabilities of the business • Formalities and expenses involved in establishing and maintaining the various business structures • Owners’ income tax situation, and • Capital investment needs. Also this paper provides recommendations and examples of business structures which are suitable for different ventures. Sole Proprietorship A sole proprietorship is a one-trader business, that is, an entity owned and managed by one person. The formation and structure of a sole proprietorship business can is very informal, is not subject to extended federal or state regulation, and is relatively simple to manage and control. The main characteristic of a sole proprietorship is that the owner is inseparable from the business, which gives the owner complete control over...
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...PARTNERSHIP AND SUBCHAPTER S TAX OUTLINE SPRING 2009 VICE PRESIDENT, ASSOCIATE DEAN, AND PROFESSOR BRUCE A. MCGOVERN Stephen A. Lind et al, Fundamentals of Partnership Taxation: Cases and Materials (8th ed. 2008) Selected Federal Taxation Statutes and Regulations (Daniel J. Lathrope ed., 2009 ed. 2008) Laura E. Cunningham & Noël B. Cunningham, The Logic of Subchapter K: A Conceptual Guide to the Taxation of Partnerships (3d ed. 2006) PART 1: AN OVERVIEW OF THE TAXATION OF PARTNERSHIPS AND PARTNERS 3 I. Introduction to Subchapter K 3 II. Tax Classification of Business Enterprises 3 a. In General 3 b. Corporations and Partnerships 3 i. “Check-the-Box” Regulations 3 ii. Existence of a Separate Entity for Federal Tax Purposes 4 iii. Publicly Traded Partnerships 6 c. Trusts 6 d. Tax Policy Considerations 6 III. Introduction to Choice of Business Entity 7 PART 2: FORMATION OF A PARTNERSHIP 8 I. Contributions of Property 8 a. General Rules 8 b. Introduction to Partnership Accounting 11 II. Treatment of Liabilities: The Basics 15 a. Impact of Liabilities on Partner’s Outside Basis 15 b. Contributions of Encumbered Property 16 III. Contributions of Services 23 a. Introduction 23 b. Receipt of Capital Interest for Services 24 c. Receipt of a Profits Interest for Services 30 i. Current Law 30 ii. Proposed Regulations 31 IV. Organization and Syndication Expenses 32 PART 3: OPERATIONS...
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...it gives the corporation permanence. The corporation continues to exist if managers are replaced or if stockholders sell their ownership interests to other investors. The corporation’s permanence is an essential characteristic in allowing corporations to obtain the large amounts of financing required by many business entities. 4. A sole proprietorship is easy to set up with a minimum of legal work. The business itself is not taxed. For tax purposes, the income of the proprietorship is treated as the income of the proprietor. The disadvantages of a proprietorship are unlimited liability for the debts of the firm, and difficulty in raising large amounts of capital as the business grows. A partnership has the same tax advantage as the proprietorship. The partnership per se does not pay...
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...CONTENT 01 LETTER FROM THE CHAIRMAN 02 JOINT LIABILITY COMPANY 03 LIMITED PARTNERSHIP 04 UNDECLARED PARTNERSHIP 05 JOINT STOCK COMPANY LIMITED LIABILITY COMPANY (LLC) 07 PARTNERSHIP LIMITED BY SHARES 08 HOLDING COMPANIES 09 OFFSHORE COMPANIES 10 THIRD-FOREIGN COMPANIES Chamber of Commerce Industry and Agriculture of Beirut and Mount Lebanon 01 2 LETTER FROM THE CHAIRMAN True to its mission of supporting the private economy, the Chamber hereby undertakes to assist prospective foreign investors all through the establishment process. The defining advantages of Lebanon’s investment environment derive from its free enterprise system distinguished by a high degree of openness to foreign trade and the absence of restrictions on capital movement. Such system naturally safeguards private ownership of all form of assets, and subjects local and foreign investors to the same code of laws and regulations. Hence, foreign investors retain full control over their business and private assets, unhindered by the constraint of an imposed local partner or restrictions on business and investment decisions. Evolution at the policy-making level continues to build on the competitiveness of the investment environment. The public-private partnership approach certainly generates abundant opportunities in building and operating infrastructure projects. Unscathed by the global financial crisis, the banking...
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...731205-07-5233-001 NRIC : 731205-07-5233 TELEPHONE NUMBER : 012-5345577 E-MAIL ADDRESS : YEAPMORKOO@GMAIL.COM LEARNING CENTRE: PERMATANG PAUH LEARNING CENTRE SEMESTER: MAY 2010 | | This PARTNERSHIP AGREEMENT is made in accordance to the Laws of Malaysia, Act 135, Partnership Act 1961. 1. Name of Partners This PARTNERSHIP AGREEMENT is made this 8th day of August, 2010, by and between Mr.Game (NRIC No.781112-07-5678) and Mr.Boy (NRIC No.820722-07-2358). 2. Name of Business The name of the business is BEST GAME BOY. 3. Place of Business The principal office of the business shall be in 168, Jalan Kayaraya, 11800 Penang 4. Nature of Business The nature of business involves the selling of computers for the firm, “BEST GAME BOY” locally and globally. 5. Contribution of Capital A capital account shall be maintained for each partner. Neither partner shall withdraw any part of his capital account. Upon the demand of either partner, the capital accounts of the partners shall be maintained at all times in the proportions in which the partners share in the profits and losses of the partnership, excluding the initial capital of RM100,000. The initial capital of the partnership, which is RM100,000 (Ringgit Malaysia: One Hundred Thousand Only) shall be contributed in cash solely by the partner, Mr Game. The initial capital contributed by Mr.Game shall be maintained in the individual capital account...
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...modifications) Case 1. Partnership agreement Jose Reyes, M.D. and Joseph Luke, M.D. are sole owners of two medical practices that operate in the same medical building. The two doctors agree to combine assets and liabilities of the two businesses to form a partnership. The partnership agreement calls for dividing income equally between the two doctors. After several months, the following conversation takes place between the two doctors: Reyes: I have noticed that your patient load has dropped over the last couple of months. When we formed our partnership, we were seeing about the same number of patients per week. However, now our patient records show that you have been seeing about half as many patients as I have. Are there any issued I should be aware of? Luke: I see. Well, I find that I am working as hard as I did when I was on my own, yet making less that I did previously. Essentially, you are sharing in half of my billings and I am sharing in half of yours. Since you are working much less than I am, I end up on the short end of the bargain. Reyes: Well, I don’t know what to say. An agreement is an agreement. The partnership is based on a 50/50 split. That’s what a partnership is all about. Luke: I that is so, then it applies equally well on the effort end of the equation as on the income end. Answer the following: 1. Discuss whether Reyes is acting in an ethical manner. 2. How could Luke renegotiate the partnership agreement to avoid dispute...
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...contribute the property to the partnership. This would generate a capital loss if sold by the contributing partner rather than contributed to the partnership. The amount of the loss may not exceed the capital loss the contributing partner would have recognized had they sold the property on the contribution date. b) The other option that the partner has is to sell or lease the property to the partnership or they can sell the property to a third party who can then contribute the property to the partnership. c) The tax implications that the partner will face are that the ordinary income recognition is required on a partner’s sale of the property to the partnership. This is where the seller owns more than 50% of the capital or profits interests if the property is depreciable, or is not a capital asset in the partnership. If the land is leased to the partnership then the partner will have the depreciation and other deductions from the property. The rentals that are received from the partnership will be taxed as ordinary income. If the property is sold to a third party, it is taxed as and other sale would be. C 9-6 a) The liability will affect the amount of gain that Jane must recognize because the partner recognizes gain on the contribution of property and assumption of a liability if the amount of the liability assumed by the other will exceed the contributing partner’s basis in the contributed property plus her share of the existing partnership liability. C 9-7 a)...
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...CHAPTER ONE 1. Introduction to the study The purpose of study is to evaluate the effects of strategic buyer-supplier alliances and partnerships in the South African clothing stores, sector and industry. Strategic Alliances, Partnerships and Joint Ventures involve the establishment of informal and formal relationships with other individuals or businesses to share resources, ideas or capital (Hugo, Badenhorst-Weiss & Biljon 2007). The research indicates that during the past decade, companies in all types of industries and all parts of the world have elected to form strategic alliances and partnerships to complement their own strategic initiatives and strengthen their competitiveness in domestic and international markets (Thompson Jr, Gamble & Strickland, 2006), the statement confirms that some of the companies realize the importance of strategic alliances and partnerships. The current situation in South Africa indicates that the government is imposing Quotas on Chinese imports with intent to influence the South Africa retailers to buy from local suppliers (Sandrey & Fundra, 2008). The quotas have encouraged the major retailers in South Africa to procure more from local suppliers than ever before given the growth in their collective businesses over the last four years. Preliminary investigation between the retailers and clothing manufacturers confirm the retailers’ expectations that local companies will be unable to make up the expected shortfall the quotas will inflict...
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...POLITECHNIKA ŚWIĘTOKRZYSKA WYDZIAŁ ZARZĄDZANIA I MODELOWANIA KOMPUTEROWEGO THE FIRM IN A COMPETITIVE MARKET PART ONE OPRACOWAŁ: dr hab. Jan L. Bednarczyk, prof. PŚK Kielce 2012 CONTENTS 1. Types of partnerships/companies................................................................................3 2. Objectives of a company.................................................................................................8 3. Relationships between companies and their financial management, and other links of the financial system.....................................................................................10 4. Financial statements (accounts) of companies and the information contained in them......................................................................................................................13 1. Balance sheet.................................................................................................14 2. Profit and loss account..................................................................................15 3. Cash flow statement......................................................................................16 5. Analysis of a company’s financial position/standing...............................................17 1. Analysis of financial statements...
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...Partnership and it’s relevance in Bangladesh Introduction Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace. In the most frequently associated instance of the term, a partnership is formed between one or more businesses in which partners (owners) co-labor to achieve and share profits and losses (see business partners). Partnerships exist within, and across, sectors. Non-profit, religious, and political organizations may partner together to increase the likelihood of each achieving their mission and to amplify their reach. In what is usually called an alliance, governments may partner to achieve their national interests, sometimes against allied governments who hold contrary interests, such as occurred during World War II and the Cold War. In education, accrediting agencies increasingly evaluate schools by the level and quality of their partnerships with other schools and a variety of other entities across societal sectors. Partnerships also occur at personal levels, such as when two or more individuals agree to domicile together, while other partnerships are not only personal but private, known only to the involved parties. Partnerships present the involved parties with special challenges that must be navigated unto agreement. Overarching goals, levels of give-and-take, areas of responsibility, lines of authority and succession...
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...Part 1 Business Enterprises in China 1.0 Introduction 2.0 Proprietorships 3.0 Partnerships 4.0 Corporates 1.0 Introduction In the People’s Republic of China, business organizations may be classified in to three main classes: individual proprietorships, partnerships, and corporations. The laws that effect these forms of business enterprises are diverse. There is no single code or statute that governs the PRC law of business enterprises. According to the sources of capital, there are domestic capital enterprises which are regulated by Sole Proprietorship Enterprise Law of the People's Republic of China , Partnership Business Law of the People's Republic of China, and Company Law of the People's Republic of China and foreign capital enterprises which are regulated by The Measures for Administration of the Establishment of the Partnership by Foreign Enterprises or Individuals within the Territory of China, Law of the People’s Republic of China on Chinese-Foreign Con-Tractual Joint Venture, Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures, and Law of the People’s Republic of China on Foreign – Capital Enterprises. The relevant laws are the Security Law , the Fair Competition Law and the Antitrust Law. 2.0 Proprietorships 2.1What is a sole proprietorship enterprise A sole proprietorship enterprise means a business entity established within China with its capital contributed by one individual and its assts owned personally by the sole proprietor...
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...sole proprietorship, partnership, “C” corporation, and “S” corporation are the first step in building a lucrative company. Once the business organization has been decided, we have to decide on the best financial statement associated with the business. Understanding the business forms such as tax implications, legal implications and accounting implications will provide clarity during the filing for taxes. There are several advantages and disadvantages to sole proprietorship, partnership, “C” corporation and “S” corporation. A sole proprietorship is one person alone. He or she will have unlimited liability for all debts of the business, and the income or loss from the business will be reported on his or her personal income tax return along with all other income and expense he or she normally reports (although it will be on a separate schedule). Although proprietorship avoids the expense of forming a partnership or corporation, many start businesses this way because they are unfamiliar with the other forms of organizations (Business Organization, 2011). All profits and can be re-invested in the business or it can be used by the owner and negative aspect is Owner has full liability for entire business operations. Including all debts or lawsuits against the business. The owner's entire personal assets are at risk. There are two types of partnerships. General and Liability both allow unlimited liability for debits of the business. The general partnership, each of the two or more...
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