ACCA LW Eng Syllabus D. The Formation And Constitution Of Business Organisations - Demonstrate A Knowledge Of The Legislation Governing The Partnership, Both Unlimited And Limited - Notes 1 / 5
Definition of an Unlimited Partnership
'the relationship that subsists between persons carrying on a business in common with a view to profit'
This means that a partnership is not a separate legal entity and
Each partner has full personal liability for the partnership debts (liabilities)
Limited Partnerships
These are now rare
They have the following features
Governed by Limited Partnership Act 1907
Partners can limit their liability
One partner must take on full liability
The partners with limited liability are in effect sleeping partners
They cannot manage / bind the company nor withdraw their capital
Limited Liability Partnership
These are far more common nowadays
They have the following features:
Register with the Registrar of companies
Name of the partnership must end in LLP
Governed by LLP Act 2000
Annual accounts must be files (and audited where appropriate)
It is a separate legal entity
Partners liability limits are stated in the Partnership document
The individual partners pay their own tax
The partnership does NOT pay corporation tax