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If a partnership run by a person's parents goes bankrupt is there any way their children can be held liable for any of the debts?
Wiki User
∙ 8y ago
That's a question that really needs to be answered by a BK attorney that handles business BK's. The laws governing those type of BK's are different from personal filing. Each state has laws governing business ownership and the financial transactions of that business. They can be very complicated. Who is could be held responsible for the debt(s) depends on how the business is titled and what the business might be. In general, contractors, construction companies, (that type of business) have different BK laws, than do "mom and pop" type stores.
Wiki User
∙ 8y ago
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Can a partnership firm be a shareholder?
no, a partnership cannot become a shareholder because shareholders are large but a partnership is only between two persons and they share only between themselves.
How many people are required to start a Partnership firm?
A minimum of two Persons is required to start a Partnership firm. A maximum number of 20 Partners are allowed in a Partnership firm.
What is agreement of partnership?
A partnership is constituted by an agreement between the partners. The agreement may be in writing or oral. But from the practical point of view and particularly in view of the provisions of other Acts such as the Income Tax Act as well as Partnership Act an oral partnership is not practicable, and therefore, a partnership agreement is necessarily required to be in writing. Therefore, the mere fact that two persons as joint owners either as heirs or legatees are carrying on a business it does not necessarily mean that they are partners and if they want to carry on the business in partnership, then a Partnership agreement in writing becomes necessary. For example, if a person dies leaving a running business and his heirs continue to carry on such business, it will not be a business carried on in partnership and if they want to do so they will have to enter into a regular agreement of partnership. Being an agreement and an agreement enforceable at law, such an agreement must fulfill the basic requirements of a valid contract, as required by the Contract Act. Therefore, a minor or a mentally handicapped person cannot enter into a partnership agreement though by virtue of the provisions of the Partnership Act a minor can be admitted only to the benefits of the partnership. But that only means that a minor can have a share in the profits of the business, but he cannot become a partner, and cannot execute any agreement of partnership.
Difference between partnership and public limited company?
A partnership is a legal term to define a joint venture of 2 or more persons. In a partnership all of the partners are jointly and severally liable for any losses. In this type of arrangement each partner can be forced to pay for all of any debts. They would then have the option of going after the other partners for their pro-rata share of the debt. In a limited partnership the only entity liable for the debts is the "general partner". The general partner can be either a person or another partnership or corporation. In a corporation the corporation is the only entity liable for debts. The owners are not liable. The corporation is a fictional "person" in the eyes of the law.
What constitutes a partnership?
A firm is strictly not a person; It is an association of persons and the agreement by which a firm purports to enter into a partnership with an individual or another firm merely makes the partners of that firm individual partners of the larger partnership. A firm as such cannot enter into an agreement as a partner with another firm or individuals. Therefore, when one partnership enters into a partnership agreement with another partnership firm, the partnership is in fact between all the partners of both the firms. The Supreme Court has observed that a partnership agreement creates and defines the relation of partnership and, therefore, identifies the firm. if that conclusion is correct, it is only a further step to hold that each partnership agreement may constitute a distinct and separate partnership and, therefore, a distinct and separate firm. That is not to say that a firm is a corporate entity or enjoys a juristic personality in that sense. The firm name is only a collective name for the individual partners and each partnership is a distinct relationship. The partners may be different and yet the nature of the business may be the same, the business may be different and yet the partnership may be the same. And agreement between partners to carry on a business and to share its profits may be followed by a separate agreement between the same partners to carry on another business and share the profits therein. The intention may be to constitute two separate partnerships and two distinct firms or to extend merely the partnership originally constituted to carry on one business or to carrying on another business. It will depend on the intention of the partners. The intention of the partners will have to be decided with reference to the terms of the agreement and all the surrounding circum- stances including evidence as to interlacing or interlocking of management, finance or other incidentals of the respective businesses. In other words, the same partners can form two different partnerships. The Supreme Court has held that the word 'person' in section 4 of the Partnership Act contemplates only natural or artificial or legal person and a firm is not a person and as such not entitled to enter into a partnership with another firm or H. U. F. or individual. In this view of the matter there can arise no question of registration of a partnership purporting to be between three parties viz. a firm, a H.U.F. and an individual as a firm.
May a partnership be organized for the exercise of a profession?
it depends what kind of juridical persons are forming the partnership, if at least one of the juridical persons is a corporation, there will be no partnership. but if those persons are partnerships then yes they may. "the law does not allow individuals to practice a profession as a corporate entity."
What do you mean bankrupt?
Bankrupt means having no money or assets. Bankrupts, therefore, are a group of persons or busnesses that have no money or assets.
Meaning of partnership firm?
Partnership is "The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all". Hence the persons who form the partnership are called 'partners' individually and a 'Firm' collectively
Can you get a domestic partnership with someone who is already married?
No. Rules vary, but domestic partnership is universally limited to unmarried persons.
Can a partnership firm be a shareholder?
no, a partnership cannot become a shareholder because shareholders are large but a partnership is only between two persons and they share only between themselves.
How many people are required to start a Partnership firm?
A minimum of two Persons is required to start a Partnership firm. A maximum number of 20 Partners are allowed in a Partnership firm.
What are the characteristics of partnership?
there must be at least 2-20 persons to start a business partnership business names are identified as 'sons' or 'bros' and sometimes the surname of the owners. there must be an agreement between persons desirous of forming a partnership. each partners must agree to share the profit/loss of the business.
What is partnership accounting?
A business can be a corporation, a partnership, or a sole proprietorship. A corporation is incorporated at the state level. A sole proprietorship is one person in business. A partnership is two or more persons with an agreement on who has which assets and liabilities and income. Partnership accounting is doing the books for the partnership. For IRS purposes, a partnership return must be filed each year.
Where does one register a domestic partnership?
You should inquire at your town clerk's office. AND you must live in a jurisdiction which recognizes such a legal partnership between two persons.
What is the Uniform Partnership Act?
The Uniform Partnership Act, recognized by more than forty states, states that "a partnership is an association of two or more persons to carry on as coowners a business for profit" (UPA 6[11]).
What happens to proceeds from sale of property in partnership?
The proceeds must be divided equally amongst those persons who took title as partners. A tenancy in partnership is a joint tenancy.
What is an unincorporated association of two or more persons to carry on a business for profit as co owners?
Partnership
