for partnership Learning Objectives: 1) Define ‘Partnership’
2) The characteristics of Partnership
3) Advantages and disadvantages of forming a partnership
4) The SEVEN items in the Partnership Act regarding
Partnership
5) The differences between Sole Trader and Partnership in terms
of accounting entries
6) The preparation of final accounts for Partnership
Ch 9: The preparation of final accounts for partnership Introduction: For a number of commercial reasons, it may be mutually advantageous for two or more people to form a partnership. Question: Have you ever wondered what a ‘partnership’ means? What characteristics a partnership has? Answers: The Partnership Act defines a partnership as ‘the relationship which subsists between persons carrying on business in common with a view of profit’. The people who won a partnership are called ‘partners’. They do not have to be based or work in the same place, though most do. However, they maintain one set of accounting records and share the profits and Ch 9: The characteristics of Partnership Five characteristics of a partnership: 1) It is formed to make profits. 2) It must obey the law as given in the Partnership Act 1890. If there is a limited partner, it must also comply with the Limited Partnership Act of 1907.
3) Normally there can be a minimum of two partners
and a maximum of twenty partners. Exception are banks, where there cannot be more than ten partner; and there is no maximum for firms of accountants, solicitors, stock exchange members, surveys, auctioneers, valuers, estate agents, land agents, estate managers, or insurance brokers. Ch 9: The characteristics of Partnership Five characteristics of a partnership: 4) Each partner (except for limited partners) must pay their share of any debts that the partnership could not pay. If necessary, they could be forced to sell all their privates possessions to pay their share of the debts. This can be said to be unlimited liability.
5) Partners who are not limited partners are
known as general partners. Ch 9: The characteristics of Partnership Limited Partnership: Limited partnership are partnerships containing one or more limited partners. Limited partnerships must be registered with the Registrar of Companies. Limited partners are not liable for the debts as in Section 41.2. Limited partners have the following characteristics and restrictions on their role in the partnership. 1) Their liability for the debts of the partnership is limited to the capital they have put in. They can lose that capital, but they cannot be asked for any more money to pay the debts unless they contravene the regulations relating to their involvement in the partnership. Limited Partnership:
2) They are not allowed to take out or receive back
any part of their contribution to the partnership during its lifetime. 3) They are not allowed to take part in the management of the partnership or to have the power to make the partnership take a decision. If they do, they become liable for all the debts and obligations of the partnership up to the amount taken out or received back or incurred while taking part in the management of the partnership. 4) All the partners cannot be limited partners, so there must be at least one general partner with unlimited liability. Ch 9: Advantages and disadvantages of forming a partnership The advantages of Partnership: 1) Spreading of business risk 2) Different partners can develop special skills because each partner can focus on one skill 3) Some partners have more ability to invest capital resources than other partners
The disadvantages of partnership:
1) Disputes between partners on business matters 2) All are ‘jointly and severally liable’ for his partners. If one partner incurs a liability, then the others will also share it. Ch 9: The Deed of Partnership Partners in a partnership are largely free to make whatever agreements between themselves that they wish to cover their mutual relationships. The powers and rights of the partners between themselves are governed by any written agreement they may make. This is referred to as the articles or deed of partnership. The deed of partnership is prepared to avoid misunderstanding between partners.
It states the followings:
1) The capital to be contributed by each partner
2) The ratio in which profits (or losses) are to be shared
3) The rate of interest, if any, to be paid on capital before the
profits are shared Ch 9: The Deed of Partnership It states the followings:
4) The rate of interest, if any, to be charged on partners’
drawing 5) Salaries to be paid to partners
6) Arrangements for the admission of new partners.
7) Procedures to be carried out when a partner retires or
dies. Ch 9: Where no partnership agreement exists When no partnership agreement exists, express or implied, Section 24 of Partnership Act 1890 governs the situation. The accounting content of this section states:
1) Profit and losses are to be shared equally
2) There is to be no interest allowed on capital
3) No interest is to be charged on drawings
4) Salaries are not allowed
5) Partners who put a sum of money into a partnership in
excess of the capital they have agreed to subscribe are entitled to interest at the rate of 5% per annum on such an advance Ch 9: The SEVEN items in the Partnership Act regarding Partnership In the absence of any partnership agreement, a partner is subject to the provision of Partnership Act. There are SEVEN items in the Partnership Act regarding this issue.
1) Each partner has unlimited liability. That is, if
the debts of the partnership cannot be paid because the business has insufficient assets to do so, the creditors have recourse to the private property of the individual partners. The partners are said to be jointly and severally liable for the debts of the firm and therefore a creditor may sue the partnership or any individual partner. Ch 9: The SEVEN items in the Partnership Act regarding Partnership 2) Every partner is entitled to take part in the management of the business. However, some partnership agreements provide for certain partners to be sleeping or limited partners. Neither of these normally takes part in the management of the business.
3) Every partner is entitled to access to the books
and papers of the partnership. This includes sleeping and limited partners. Ch 9: The SEVEN items in the Partnership Act regarding Partnership 4) Voting powers: in the ordinary day-to day running of a partnership, individual partners often make routine business decisions without consulting the other partners. At the other extreme, certain fundamental decisions, such as to change the type of business in which the partnership is engaged, or the admission of a new partner, require the consent of all the partners. Other decisions are supposed to be determined by a majority vote. Each partner has one vote. However, a partnership deed may specify some other distribution of voting power. Ch 9: The SEVEN items in the Partnership Act regarding Partnership 5) Each partner is an agent of the partnership and can this sign contracts on behalf of the partnership, which will then be legally bound to honour them.
6) A new partner can only be admitted to the partnership
if all existing partners give their consent. However, a partnership deed may specify otherwise.
7) A partnership will be dissolved by:
a) any partner giving notice to the other partner(s) of his or her intention to leave the partnership; b) the death, insanity or bankruptcy of a partner. Ch 9: The differences between Sole Trader and Partnership in terms of accounting entries Differences between a Sole Trader (Proprietorship) and a partnership:
Sole Trader Partnership
1) Only Capital Account 1) Two accounts: - All Capital invested, a) Partners’ Fixed A/C Drawings and Profit and This account contains only Loss are closed to the amount of capital invested. Capital Account b) Partners’ Current A/C This account contains each partner’s Drawings, and Share of Profit Ch 9: The differences between Sole Trader and Partnership in terms of accounting entries Differences between a Sole Trader (Proprietorship) and a partnership:
Sole Trader Partnership
2) No division of profit 2) Profit is put into – all belongs to the Appropriation A/C – Sole Trader divided according to the Profit Sharing ratio to each partner Ch 9: The differences between Sole Trader and Partnership in terms of accounting entries Capital and Current Accounts In the accounts of sole trader, there would be a capital account and usually a drawing account. In the books of a partnership, there will be:
1) A Capital Account for each partner. Unlike the capital
account of a sole trader, this will only contain the original capital put into the business plus any further capital introduced at a later date. It is fixed in nature and used to record: Capital introduced or withdrawn by new/retiring partners. Ch 9: The differences between Sole Trader and Partnership in terms of accounting entries Capital and Current Accounts (continues)
2) A Current Account for each partner recording:
a) drawings of money or goods taken by the partner for his or her own use (debit) b) interest charged on drawings (debit) c) interest on loans to the partnership (credit) d) salary (credit) e) interest on capital (credit) f) the partner’s share of the residual profit and loss Ch 9: The differences between Sole Trader and Partnership in terms of accounting entries The following factors have to be taken into consideration, before any profits are divided: a) Interest on capital Partners can agree to credit themselves with Interest on Capital. b) Salaries Partners can agree to credit themselves with fixed salaries, eg for a partner who contributes valuable service to the Partnership. c) Share of Residual Profits (or Losses) Partners can share out the remaining Profit and Loss after allowing for (a) and (b) above (Interest and Salaries), according to the profit and sharing ratio. Ch 9: The preparation of final accounts for partnership Example1 : Appropriation Account Peter and Paul commenced business in partnership on 1 Jan 2002 as food wholesalers, contributing as fixed capital £2,000 and £3,000 cash each. Their partnership deed states that:
a) Profits and losses are to be shared equally
b) Salaries are Peter £2,500 per annum and Paul £1,800. c) Interest on capital of 10% is allowed d) Interest on drawings of 5% is charged e) Interest on loan from partners is given at the rate shown in Section 24 of Partnership Act 1890. (5% per annum) During the year, Peter and Paul withdrawn £500 and £400 from the partnership, respectively. In addition, Paul has lent £1,000 as loan to the partnership on 1 July 2002. Profit for the year is £10,000. Ch 9: The preparation of final accounts for partnership Answers: Appropriation Account for the year ended 31 Dec 2002 £ £ £ Ch 9: The preparation of final accounts for partnership Once the Appropriation account has been completed, then we should record those amounts in the Partners’ Current Account. (continues Example 1) Partners’ Capital Account
Partners’ Current Account
Ch 9: The preparation of final accounts for partnership In conclusion, the flow of preparing the whole set of partnership account is as follow:
Step 1: You’ll be given a trial balance as usual
Step 2: Profit and Loss Account
Step 3: Appropriation Account
Step 4: Partners’ Current Account
Step 5: Balance Sheet
Ch 9: The preparation of final accounts for partnership