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Partnerships and Companies


            Partnership is defined in the Partnership Act 1908 as carrying on business in common with view to a profit'. A partnership may involve 2-25 people, or up to 50 in special circumstances who will typically bring a mix of capital and/or skill to the business.
             A limited liability company is a very common form of business organisation and the essential aspect of a company is that it is a separate legal entity from those who may own shares or be involved in the running of the company. This means that the company is a separate person' independent of its members. It can enter into contracts, own property, sue or be sued and be convicted of some criminal offences. .
             To determine the best structure for Italian Store' we will need now to compare the features of each one.
             Partnership Limited Liability Company.
             Because a partnership is not a separate legal entity, the partners are personally liable for all the debts and liabilities of the partnership and therefore their personal assets are at risk in relation to business liabilities. The liability of the shareholders for the obligations or debts of the company are limited to the amount unpaid on the shares. The company is responsible for its own debts but this advantage may be lost if the people in the company give personal guarantees to secure the company's indebtness.
             Partners have an equal share of the assets. Company owns the assets.
             The establishment and costs of operating a partnership will be easier and less costly because it is a less formal business structure with fewer reporting requirements and no registration requirements. Higher legal and accounting costs because of the formality of the structure. There is a statutory requirement that certain information be registered and available to the public.
             Partnerships only have the borrowing power of individuals and partners will have the same limitations as sole traders in the use of trading stock and/or future assets as security for borrowing.


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