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A.11.2 Partnership This arrangement occurs when two or more individuals come together and agree to organize and operate an enterprise jointly with profit as the motive. They contribute their capital and jointly offer their services for the success of the business. The legal basis for this arrangement is contractual and it specifies the duties and rights of the partners.
The practice of law, insurance, finance, accountancy and other similar professions abound with partnership form of ownership. In the course of
their contractual activities, the partners specialize in one or more aspects of the activities of the firm.
[ Furthermore, this arrangement becomes very useful as away for the partners to contribute their
resources such as capital, time, effort and services in order to earn profit which can be shared on an agreed basis.
A.11.2a Features of Partnership The features of partnership areas follows i)
Based on an agreement: This type of business is usually formed on the basis of an agreement between two or more persons to carry on business. The terms and conditions of partnership are usually stated in the Partnership Deed. ii)
Profit and loss sharing The partners are entitled to share the profits realised and also bear the loss. iii)
Agency relationship: The business can operate such that all partners will
participate in the operation, with each being a principal partner. Any of the partners can also act on behalf of other partners as agent. By this, ever partner can bind the firm by his acts. iv)
Unlimited liability In case some obligations arise and the partnership
assets are not sufficient, private properties of the partners can betaken to defray the liabilities of the firm. vb Common management Every partner has aright to participate in the management of the business. Where a partner does not partake
in the running of the business, it becomes imperative that his consent besought before taking strategic business decisions. vi)
Restriction in the transferability of shares No partner can transfer his/her shares without the consent of all other partners.
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