Maximum people in a partnership

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A partnership is a business structure comprising of two or more people who have agreed to engage in business together. Partnerships are built on trust, and the parties to this binding agreement cooperate to distribute their income and losses in line with their mutual interests. Read on to find out more.

What does a partnership mean?

The ATO defines a partnership as a group or association of people who carry on a business and distribute profit and losses amongst themselves. Business structures of this nature are generally not costly to set up and operate, and costs are normally split amongst the parties to the partnership. 

How do I form a partnership?

As a general rule, there are no specific formalities that must be complied with when enacting a partnership between two or more parties. Notwithstanding, having a written agreement surrounding the structure will assist the parties in determining their roles and responsibilities, so as to prevent misunderstandings. 

What is the maximum number of people in a partnership?

Section 115 of the Corporations Act 2001 states that the maximum number of partners that can be involved in a partnership is 20 (with some exceptions). 

What are the advantages and disadvantages of a partnership?

As with all business structures, there are advantages and disadvantages. Advantages include:

  • They are considered easier and less expensive to set up;
  • Profits and losses are simple to administer;
  • They are not a company and therefore do not have to engage with the company responsibilities, such as disclosing their profits to the general public;
  • Profits and losses are shared;
  • Combining the resources and expertise of the parties; and
  • Changing the business structure is simple. 

Disadvantages include:

  • Parties are all individually liable for business debts;
  • A party cannot transfer ownership without the approval of other parties; 
  • Conflicts may arise and interfere with business operations;
  • Lack of regulation from government; and
  • A limited ability to raise capital.

Is a partnership a company?

A partnership is not a company, meaning it is not a separate legal entity. Companies must go through the incorporation process to become recognised as an entity in law, however, partnerships are not required to go through this process. Although it may seemingly save time, by not becoming a separate legal entity, the parties in a partnership are liable for any financial obligations that may arise. Thus, the partners will be liable to pay for any incurred debts should the business venture fail.

How do I build a good relationship with my partner/s?

The key characteristics of a strong partnership include:

  • Trust;
  • Clear and specific expectations;
  • Respect;
  • Great communication;
  • Common business values; and 
  • Consistency.

Legal advice

If you require any legal assistance regarding the formation of a partnership, Business Kitz is here to help. Our subscription plan allows access to over 200+ employment agreement templates, completely customisable to suit your business needs. Additionally, our sister company Legal Kitz can draft agreements and include any desired provisions. Book here for a FREE 30 minute consultation now.