The Basics of a Business Partnership
Robinson, Seiler & Anderson in Utah County Attorney can help you establish a variety of entities. If you are looking to establish a Partnership then you will want to get to know the basics of a business partnership listed below.
Sharing the Liability
Partners in a partnership are personally liable for all business debts and obligations, including court judgments. There are a few exceptions to this personal liability. Some of the partners can have limited personal liability if the partnership is set up as a limited partnership. This is a partnership in which only the general partner, who runs the business, has personal liability, while the limited partners, who are basically passive investors, can lose no more than their stake in the partnership. Owners who are concerned about personal liability can choose to incorporate their business or operate as a limited liability company. LLC’s are a great option when it comes to the protection of the each of the partner’s assets.
Creating a Partnership
Creating a partnership is easy enough to start. The first step is to agree to be partners. The next is to complete the proper registration with the state and IRS. While the owners of a partnership are not legally required to have a written partnership agreement, it makes good sense to put the details of ownership, including the partners' rights and responsibilities and their share of profits, into a written agreement.
Ending a Partnership
If you or your partner chooses to dissolve the business, each of the partners must fulfill any remaining business obligations, pay off all debts and divide any assets and profits among themselves. If you want to prevent this kind of ending for your business, you should create a buy-sell agreement, or buyout agreement, which can be included as part of your partnership agreement. A buy-sell/buyout agreement helps partners decide and plan for what will happen when one partner retires, dies, becomes disabled or leaves the partnership to pursue other interests.
For more information regarding partnerships and how to set it up properly then you will want to consult with one of the experienced attorneys at Robinson, Seiler & Anderson in Utah County. Call us today to schedule a consultation.