What rules will guide partinership In the absence of a partnership agreement


In the absence of a partnership agreement

Where a partnership agreement is absent, the followings are rights and duties of partners in relation to the partnership. These are:

1. Every partner has a right to take part in management of partnership business.
2. Differences on ordinary matters are to be decided by majority but change in nature of partnership requires consent of all partners.
3. Every partner has a right of access to, inspection and copying any books of the firm.
4. No remuneration will be received for managing or taking part in business. This implies there will be no salaries or interest on capital.
5. Partners will contribute equal capital shares, profits and losses will be shared equally whether losses are of capital nature or revenue nature.
6. A partner shall be indemnified in respect of payments made and personal liabilities incurred by him in the ordinary and proper course of the business of the firm; and in or about anything necessarily done for the preservation of the business or property of the firm.
7. A partner shall indemnify the partnership for loss caused to it by fraud or willful neglect in the conduct of business of the firm.
8. interest on indebtness of a partnership to individual partners shall be 5% per annum on a loan balance.

Comments

Post a Comment

Popular posts from this blog

What are the Misconceptions about employee motivation?

Image
Misconceptions about employee motivation In order for an employee to be motivated, depends on various factors such as level and status of the respective employee. There is no one principle to motivate all employees. There are some factors that are considered as motivating tolls for employees however in reality these may not be motivational. The followings are some misconceptions about employee motivation; 1.       Financial reward Money alone cannot generally act as a motivational tool for employees. Formal and informal recognition tends to add motivation for some employees rather than money. Money may tend only to motivate some employees in short term where an employee may be in high need for money. At some stage, i.e. senior level an employee may have enough money and therefore money may no longer motivate him/her. 2.       Natural motivation There is no such a natural motivation. No one can be motivated naturall...
Read more

Share capital, Invitation, Application, Allotment, calls and paid-up procedures

Capital of a limited company is divided into shares of a fixed amount . The amount stated in the Memorandum is known as the Authorized Share Capital . For example, this may be shs. 10 million divided into 100,000 shares of shs. 100 per share. This fixed amount per share is called its par or nominal value . A company may not issue share capital in excess of what has been authorized . The actual amount that has been issued to shareholders is termed Issued Share Capital . If in the above example only 80,000 shares have been issued, then the company's issued capital is shs. 8 million. The steps followed when a company issues shares are: Invitation The company invites the public to apply for its shares through a Prospectus which is an offer document that invites the public to subscribe and purchase shares of a company . A Prospectus gives objectives and information on attractiveness of the company. Application The public applies for shares in the company, usually...
Read more

CLASSIFICATION OF MANUFACTURING COSTS

CLASSIFICATION OF MANUFACTURING COSTS The three elements of production costs are materials, labour and expenses.   Each one may be categorized as either direct or indirect cost. Direct costs are those costs which may be identified with the product and therefore can be included directly in the cost of the product. These are costs that can conveniently and easily be traced to a particular product, department or any other object that costs are accumulated.   Examples are: (a) Direct materials - all materials that form an integral part of the finished product, like leather for shoes, wood for furniture, etc. (b) Direct labour - it is labour applied directly on the raw materials, in order to convert these into finished product. Like the wages paid to factory workers or machine operators engaged in the production process are classified under this category. (c) Direct expenses - are those specifically attributed to the product, like the royalty paid to an inve...
Read more