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What is Partnership? Types, Advantages, and Disadvantages

Partnership is a form of business that enables two or more persons to co-own an organization, and they agree to share the profits and losses of the company. Learn more here.
authorImageMridula Sharma20 Sept, 2024
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Partnership

Partnership is a type of business in which two or more persons formally agree to be co-owners of the company, share in its profits and losses, and divide the duties for managing the company.

Any aspect and activity of partnerships in the nation is regulated under the "Indian Partnership Act 1932". This specific law defines a partnership as a group of two or more individuals or parties who have agreed to divide any earnings the company generates. At the same time, it is managed by all members or on behalf of other members.

What Is Partnership?

Partnership, within business and commerce, denotes a legal arrangement wherein two or more entities converge their resources, expertise, and efforts to pursue shared objectives collaboratively. This cooperative venture is governed by a formal agreement that outlines the roles, responsibilities, and distribution of profits or losses among the partners.

Types of Partnership

Partnership in the business domain is of a different type. Each type of partnership has its own special qualities and legal meanings. Here, we have provided explanations of different types of partnerships:

General Partnership:

In a general partnership, all partners contribute to running the business and share equal responsibility for its management and debts. This means everyone has a say in decisions but shares any profits or losses equally.

Limited Partnership:

Limited partnerships have two types of partners: general partners and limited partners. General partners run the business and bear full responsibility, while limited partners invest money but don't have much say in management. They also aren't as responsible for the business's debts.

Limited Liability Partnership (LLP):

An LLP combines aspects of general partnerships and corporations. All partners have limited liability, meaning they're not fully responsible for the partnership's debts caused by other partners. This setup is often favored by professionals like lawyers or accountants.

Joint Venture:

A joint venture is like a short-term partnership for a specific project. Businesses team up to achieve a goal, like creating a new product, and then they go their separate ways once it's done. It's a bit like teamwork on a project rather than a long-term commitment.

Strategic Partnership:

Strategic partnerships focus on mutual growth. Two companies join forces to share resources, knowledge, or technology, aiming to achieve something together that they might not have been able to do alone.

Public-Private Partnership (PPP):

This type involves cooperation between a government body and private businesses. They work together to provide public services or develop projects that benefit both the public and the private sector.

Silent Partnership:

Also known as a sleeping partnership, this type involves a partner who invests money but doesn't get involved in the business's day-to-day operations or decision-making. They're like behind-the-scenes supporters.

Nominal Partnership:

In a nominal partnership, a person lends their name to the partnership but doesn't really contribute financially or operationally. This might be done to show credibility or trustworthiness.

Also Check: Economic Concept

Indian Partnership Act 1932

The legal landscape of partnerships in India is delineated by the Indian Partnership Act of 1932. Below, we have mentioned the key features and objectives of the Indian Partnership Act:

Features of the Indian Partnership Act

The following are the features of the Indian Partnership Act: Definition of Partnership: The Act defines partnership as the relation between persons who have agreed to share profits from a business carried on by all or any of them acting for all. Formation: Partnerships can be formed for any lawful business, and they can be created either by a formal agreement or through mutual understanding. Number of Partners: The Act allows for a minimum of two and a maximum of twenty partners in a partnership, except for certain cases of banking businesses. Unlimited Liability: Partners  are jointly and individually liable for all debts and obligations of the firm. This means their personal assets can be used to pay off the debts. Mutual Agency: Each partner acts as an agent of the firm and other partners, allowing them to bind the firm to agreements within the scope of the partnership's business. Sharing of Profits and Losses: Unless otherwise agreed, partners share profits and losses equally, showcasing the principle of equality in the distribution of gains and losses. Transfer of Interest: A partner cannot transfer their share in the partnership without the consent of all other partners. This helps maintain the stability and trust within the partnership.

Objectives of the Indian Partnership Act

The following are the objectives of the Indian Partnership Act: Legal Framework: The Act provides a clear legal framework for forming, operating, and dissolving partnerships, ensuring transparency and accountability. Rights and Duties: It outlines the rights, duties, and liabilities of partners, promoting fairness and understanding among partners. Business Continuity: The Act addresses the dissolution and winding up of partnerships, facilitating a smooth transition in case the partnership needs to end. Dispute Resolution: It offers provisions for settling disputes among partners, fostering amicable resolutions rather than lengthy legal battles. Protection: The Act safeguards the interests of both partners and third parties dealing with the partnership, ensuring that everyone knows their rights and responsibilities. Encouraging Business: By providing a structured legal framework, the Act encourages individuals to enter into partnerships for various business ventures.

Advantages and Disadvantages of Partnership

Partnerships are like teamwork for businesses. They have good things and not-so-good things that people who might become partners should think about. Here we have provided the table that shows the advantages and disadvantages.
Advantages of Partnership Disadvantages of Partnership
1. Shared Responsibilities: Partners can divide tasks and responsibilities based on their strengths and skills, easing the burden on individuals. 1. Unlimited Liability: Partners are personally responsible for the business's debts, putting their personal assets at risk.
2. Diverse Skills: Partners bring varied skills and expertise to the table, enhancing the overall capabilities of the business. 2. Decision Conflicts: Disagreements among partners can lead to delays in decision-making and even conflicts.
3. Shared Costs: Partners pool resources, reducing the financial burden on each individual and allowing for larger investments. 3. Profit Sharing: Profits must be shared among partners, potentially leading to disputes if the sharing ratio is not agreed upon.
4. Risk Sharing: Since responsibilities and liabilities are shared, partners also share the risks and potential losses. 4. Limited Growth: Partnerships might face limitations in terms of growth and expansion due to shared decision-making.
5. Mutual Support: Partners can support each other during challenging times, providing emotional and practical assistance. 5. Instability: The partnership can be affected by changes in partners, such as withdrawal or addition of new partners.
6. Complementary Ideas: Partners bring different perspectives and ideas to the business, fostering innovation and creativity. 6. Lack of Control: Individual partners might have less control over decisions that affect the business.
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Partnership FAQs

What is a partnership agreement?

A partnership agreement is a legal document that outlines the terms, roles, responsibilities, and financial arrangements between partners in a business venture.

How is a partnership formed?

A partnership is formed when two or more individuals or entities agree to collaborate on a business venture and share profits, responsibilities, and liabilities. 

What is a limited liability partnership (LLP)?

A limited liability partnership (LLP) is a type of partnership where partners have limited liability for the firm's debts, similar to corporations, while maintaining the flexibility of a partnership structure.

Can partnerships have different types of partners?

Yes, partnerships can have general partners who are actively involved in the business and limited partners who contribute financially but have less management involvement. 

How are profits and losses shared in a partnership?

By default, profits and losses are usually shared equally among partners. However, partners can agree on a different sharing ratio based on their contributions and agreements.
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