1. A partnership is formed when two or more individuals come together to carry on a business as co-owners and share profits.
2. Partnerships can be formed through an oral or written agreement, though contributions of property or capital over $3,000 require a public instrument filed with the SEC.
3. Profits and losses are usually divided according to capital contributions unless partners agree otherwise, such as dividing profits equally while losses follow capital.
1. A partnership is formed when two or more individuals come together to carry on a business as co-owners and share profits.
2. Partnerships can be formed through an oral or written agreement, though contributions of property or capital over $3,000 require a public instrument filed with the SEC.
3. Profits and losses are usually divided according to capital contributions unless partners agree otherwise, such as dividing profits equally while losses follow capital.
1. A partnership is formed when two or more individuals come together to carry on a business as co-owners and share profits.
2. Partnerships can be formed through an oral or written agreement, though contributions of property or capital over $3,000 require a public instrument filed with the SEC.
3. Profits and losses are usually divided according to capital contributions unless partners agree otherwise, such as dividing profits equally while losses follow capital.
investments to the partnership What is a Partnership? 2. Operation – division of profits or losses A partnership is an unincorporated association of two 3. Dissolution – admission of a new partner or more individuals to carry on, as co-owners, a and withdrawal, retirement or death of a business with the intention of dividing the profits partner among themselves (Zues Millan) 4. Liquidation – winding-up of affairs By the contract of partnership two or more persons bind themselves to contribute money, property, or PARTNERSHIP FORMATION industry to a common fund, with the intention of dividing the profits among themselves. Generally, the law provides, a contract of partnership is consensual one as it is created by Two or more persons may also form a partnership for the exercise of profession (Art. 1767) the mere agreement of the partners which may be constituted in any form, oral or written. Characteristics of a partnership: But Articles 1771 and 1772 requires that is a 1. Ease of formation partnership has a contribution of an immovable 2. Separate legal personality property, real rights, and/or has a capital of 3,000 3. Mutual agency Pesos or more, the agreement must be in a 4. Co-ownership of property public instrument and must be recorded with the 5. Co-ownership of profits Securities and Exchange Commission (SEC) 6. Limited life Adding to that is if an immovable property is 7. Transfer of ownership therefore contributed, there must be an inventory 8. Unlimited liability (applicable to a general of it that is signed by the parties and attached to partnership) a public instrument. Legal Existence begins from the execution of the contract, unless otherwise stated. Accounting for Partnership The following are the major considerations in the accounting for the equity of a partnership CASH INVESTMENTS 1. Individuals with no existing business formed a partnership. Cash investments in accordance with the current 2. A sole proprietor and an individual without standards being a financial asset are recorded at fair existing business formed a partnership. value most often known as face value as far as cash 3. Two or more sole proprietorship formed a valuation is concerned. partnership Cash denominated in foreign currency is valued at the 4. Admission or retirement of a partner current exchange rate. NONCASH INVESTMENTS Noncash property is received at the agreed value which is normally the fair value of the property at the time of investment. It should be noted that in case there is a conflict between agreed value and fair value, agreed value prevails. SERVICES Once services are contributed to the partnership, a memorandum entry is essential if it were no value agree upon, otherwise a journal entry would be required. LIABILITIES Liabilities assumed by the partnership should be valued at the present value (fair value) of the remaining cash flows.
A partnership may be formed in any of the
following ways: Partnership Operation 4. Allowing interest on capital balances and dividing the remaining income/loss Division of Profits and Losses 5. Allowing salaries to partners and dividing the The partnership law provides that profits and remaining income/loss (or both 4&5) losses are to be divided in accordance with 6. Bonus to managing partners the partners agreement. If no agreement is made between and among the partners, profits and losses are to be divided according to their original capital contributions. Should the partners agree to divide the profits only, losses, if any are to be divided in the same manner as that of dividing the profits. Should the partners agree to divided the losses only, profits, if any shall be divided by the partners according to their original capital contributions. Industrial partners shall not be liable for losses because he cannot withdraw the work or labour already done by him, unlike the capitalist partner who can withdraw their capital. Possible Methods of Dividing Net Income/Loss: 1. Equally 2. In an unequal/arbitrary ratio 3. In the ratio of capital balances: a. Original capital balances b. Beginning capital balances c. Ending capital balances d. Average capital balances