Thinking of entering into business as a partnership but don’t have time to get a written agreement in place: think again.
Partnerships are akin to marriages; when things are going well there are likely to be no complaints – however, when things do not live up to a partner’s expectations, business tensions can arise which can result in ugly and expensive divorce proceedings for the partnership.
Partnerships which are formed without a written agreement are partnerships at will and are governed by the Partnership Act 1890 (Act).
This means they are regulated by the default provisions of the Act and may find themselves being bound by provisions which they had no intention of having. By way of example, under the Partnership Act all partners are entitled to a share of the profits and debts of the partnership equally, irrelevant of the level of contribution a partner has made to the partnership. Partners may also be jointly and severally liable towards third parties in respect of partnership liabilities.
However these points can be addressed in a bespoke agreement in ways that are specific to the parties needs ; for example if one partner is to receive 30% of the profit share that can be expressly drafted into the partnership agreement. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square,
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: http://www.nathsolicitors.co.uk/
Partnerships are akin to marriages; when things are going well there are likely to be no complaints – however, when things do not live up to a partner’s expectations, business tensions can arise which can result in ugly and expensive divorce proceedings for the partnership.
Partnerships which are formed without a written agreement are partnerships at will and are governed by the Partnership Act 1890 (Act).
This means they are regulated by the default provisions of the Act and may find themselves being bound by provisions which they had no intention of having. By way of example, under the Partnership Act all partners are entitled to a share of the profits and debts of the partnership equally, irrelevant of the level of contribution a partner has made to the partnership. Partners may also be jointly and severally liable towards third parties in respect of partnership liabilities.
However these points can be addressed in a bespoke agreement in ways that are specific to the parties needs ; for example if one partner is to receive 30% of the profit share that can be expressly drafted into the partnership agreement. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square,
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: http://www.nathsolicitors.co.uk/
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