Partnerships
A favorite
business entity for many years, the Partnership allows for ease
of formation, ease of control over day-to-day affairs and
relatively simple tax treatment. Partnerships can include
corporations and other business entities as partners.
Partners
cannot usually restrict their responsibility for partnership
debts and other obligations to the amount of their investment
(like a Limited Partnership can). In general, all of the
personal property of each partner is potentially exposed to
liability for partnership debts.
The major
drawback to this form of ownership is its lack of legal
protection for the partners. If the actions of one partner
create a partnership obligation it is possible that another
partner may be held financially responsible for the obligation.
A well-drafted partnership agreement may be necessary to protect
the interests of the partners because in the absence of such an
agreement with specific provisions, the terms of the
Business Organizations Code apply to the business. In some instances the
Code
supplies terms which are undesirable to the partners or have
other unintended results.
Mike Hrabal has experience representing individuals who have formed a
partnership and in drafting partnership agreements. He can
provide you guidance as to the most appropriate legal entity for
your type of business and can assist you by preparing the
documents necessary to carry out the intentions of the business
owners.
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