Answer To: A partnership without a partnership agreement O’Malley and O’Reilly formed a partnership on 1 July...
Ashish answered on Jan 17 2021
A partnership without a partnership agreement
A partnership offers no personal asset protection for partners of the business. A partner may be even liable for the negligent acts of another partner. Of the partnership's business assets do not cover an obligation; a creditor may pursue a partner’s personal assets as compensation for the business debt.
The partners include, general partners, limited partners. General partners bear for the liability of debts and actions. Limited partners are like investors, he is not part of day to day business operations and do not share liability.
Advantages of partnership:
a. Easy formation: The partnership business is easy to start, run and manage. The restrictions are very less when compare to companies.
b. Flexibility in operations: The partners can implement the changes quickly according to changing circumstances. This is not easy to a company to implement new decisions.
c. Risk sharing: The losses are shared by all partners; the share of risk of each partner is low when comparing to sole proprietorship.
d. Double taxation is avoided: One of the benefits of partnership is there is no double taxation like corporation. This double taxation is partially and completely avoided in partnerships by paying larger amount of salaries to employee shareholders. But there is a benefit to forming as a corporation.
e. Promptness in making decisions: Partners can take decisions fast and implement them as they meet quite frequently.
f. Secrecy: The business may not publish its reports to public. Hence the business can maintain secrecy to some extent.
Disadvantages of partnership:
a. Limited capital: There is a limit of maximum numbers of partners; hence the capital raised from these partners is limited. Large scale industries need huge amount of capital and partnership is not suitable to meet the requirement.
b. Unlimited liability: unlimited liability is important disadvantage of partnership. The risk of losing private assets of the partnership influences the partners to take risk and play safe.
c. Instability: the partnership business can be dissolve due to death or insolvency of partner. The differences between partners may also lead to close of business.
Solution-a
a. If there is no alternative of distribution of profit in such case the provision of partnership act apply. Therefore, the profit will be divided between both the partners equally.
O’Malley
50%
$60,000
O’Reilly
50%
$60,000
$120,000
b. If the profit is distributed according to partners capital balance in such case the profit distribution ratio is 10:9.
O’Malley
$63,158
O’Reilly
$56,842
$120,000
c. Calculation for O’Malley
Salary
$40,000
Interest on ending capital ($400,000 + $40,000)*5%
$22,000
Residual loss of 50%
($10,000)
$52,000
Calculation for O’Reilly
Salary
$60,000
Interest on ending capital ($360,000)*5%
$18,000
Residual loss of 50%
($10,000)
$68,000
According to analysis the part (b) is more appropriate for the O’Malley and part (c) is more appropriate for the O’Reilly.
Solution-b
After analysis we found that the scenario (c) focused on the various capital commitments and expertise of both the partners. Therefore, the scenario (c) is most recommended among...