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An incorporated entity is usually in the form of limited liability company whereas the liability of a partnership firm is unlimited i.e. in other words it is joint and several. The idea behind restriction imposted on incorporation of professional partnerships is to ensure that the services rendered by the frim/its partners conform to the established professional based on competency , professional ethics and integrity with a view to protect the interests of the clients to whom they serve/associated.

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Q: Why is it that a general professional partnership cannot be incorporated?
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Can a partnership be a shareholder in company?

No a partnership cannot be a share holder in a company


How do you register the name of a Partnership firm?

If the Partnership firms are business entity that are owned, managed and controlled by one person. So Partners cannot be inducted into a Partnership firm.


Can a partnership firm be a shareholder?

no, a partnership cannot become a shareholder because shareholders are large but a partnership is only between two persons and they share only between themselves.


What is agreement of partnership?

A partnership is constituted by an agreement between the partners. The agreement may be in writing or oral. But from the practical point of view and particularly in view of the provisions of other Acts such as the Income Tax Act as well as Partnership Act an oral partnership is not practicable, and therefore, a partnership agreement is necessarily required to be in writing. Therefore, the mere fact that two persons as joint owners either as heirs or legatees are carrying on a business it does not necessarily mean that they are partners and if they want to carry on the business in partnership, then a Partnership agreement in writing becomes necessary. For example, if a person dies leaving a running business and his heirs continue to carry on such business, it will not be a business carried on in partnership and if they want to do so they will have to enter into a regular agreement of partnership. Being an agreement and an agreement enforceable at law, such an agreement must fulfill the basic requirements of a valid contract, as required by the Contract Act. Therefore, a minor or a mentally handicapped person cannot enter into a partnership agreement though by virtue of the provisions of the Partnership Act a minor can be admitted only to the benefits of the partnership. But that only means that a minor can have a share in the profits of the business, but he cannot become a partner, and cannot execute any agreement of partnership.


What are the disadvantages of a partnership over a sole proprietorship?

One of the main disadvantage of partnership over sole proprietorship is that you cannot excercise full power over the decisions and need to get other partners/partner onboard.

Related questions

Can a husband and wife form a partnership?

Yes, it is possible if allowed by the laws of the state they are incorporated in. BURMESE BUDDHIST HUSBAND AND WIFE cannot enter into partnership.


How do general partnership limited partnership and limited liability partnership differ?

All of the partners in a general partnership are fully liable for all debts and obligations of the partnership. In a limited partnership, there is always one or more general partners and one or more limited partners. The general partner(s) in a limited partnership, like the partners in a general partnership, are fully liable for all debts and obligations of the partnership. The limited partners, on the other hand, are not liable for any debts or obligations of the partnership beyond the amount that they have contributed or committed to contribute to the partnership. In other words, limited partners can lose their entire investment in the partnership but a creditor of the partnership cannot go after the other assets of the limited partners. A limited liability partnership (LLP) is created by state statute, as is the limited partnership, but compared to the limited partnership statutes, there is much more variation in LLPs from state to state. That makes any general description potentially wrong, based on the law of the specific state in which the LLP is operating. Generally, all or some of the partners in an LLP have some degree of limited liability protection. The partners usually have to be members of a licensed profession such as CPAs, attorneys or engineers.


How do general partnerships limited partnership and limited liability partnership differ?

All of the partners in a general partnership are fully liable for all debts and obligations of the partnership. In a limited partnership, there is always one or more general partners and one or more limited partners. The general partner(s) in a limited partnership, like the partners in a general partnership, are fully liable for all debts and obligations of the partnership. The limited partners, on the other hand, are not liable for any debts or obligations of the partnership beyond the amount that they have contributed or committed to contribute to the partnership. In other words, limited partners can lose their entire investment in the partnership but a creditor of the partnership cannot go after the other assets of the limited partners. A limited liability partnership (LLP) is created by state statute, as is the limited partnership, but compared to the limited partnership statutes, there is much more variation in LLPs from state to state. That makes any general description potentially wrong, based on the law of the specific state in which the LLP is operating. Generally, all or some of the partners in an LLP have some degree of limited liability protection. The partners usually have to be members of a licensed profession such as CPAs, attorneys or engineers.


Can a partnership be a shareholder in company?

No a partnership cannot be a share holder in a company


How do general partnerships limited partnership and limited liability partnerships differ?

All of the partners in a general partnership are fully liable for all debts and obligations of the partnership. In a limited partnership, there is always one or more general partners and one or more limited partners. The general partner(s) in a limited partnership, like the partners in a general partnership, are fully liable for all debts and obligations of the partnership. The limited partners, on the other hand, are not liable for any debts or obligations of the partnership beyond the amount that they have contributed or committed to contribute to the partnership. In other words, limited partners can lose their entire investment in the partnership but a creditor of the partnership cannot go after the other assets of the limited partners. A limited liability partnership (LLP) is created by state statute, as is the limited partnership, but compared to the limited partnership statutes, there is much more variation in LLPs from state to state. That makes any general description potentially wrong, based on the law of the specific state in which the LLP is operating. Generally, all or some of the partners in an LLP have some degree of limited liability protection. The partners usually have to be members of a licensed profession such as CPAs, attorneys or engineers.


How do general partnership limited partnerships and limited liability partnerships differ?

All of the partners in a general partnership are fully liable for all debts and obligations of the partnership. In a limited partnership, there is always one or more general partners and one or more limited partners. The general partner(s) in a limited partnership, like the partners in a general partnership, are fully liable for all debts and obligations of the partnership. The limited partners, on the other hand, are not liable for any debts or obligations of the partnership beyond the amount that they have contributed or committed to contribute to the partnership. In other words, limited partners can lose their entire investment in the partnership but a creditor of the partnership cannot go after the other assets of the limited partners. A limited liability partnership (LLP) is created by state statute, as is the limited partnership, but compared to the limited partnership statutes, there is much more variation in LLPs from state to state. That makes any general description potentially wrong, based on the law of the specific state in which the LLP is operating. Generally, all or some of the partners in an LLP have some degree of limited liability protection. The partners usually have to be members of a licensed profession such as CPAs, attorneys or engineers.


How do general partnerships and limited partnerships and limited liability partnerships differ?

PARTNERSHIP; Partnership arise whenever two or more persons co-own a business, and share in the profits and losses. Each person contribute something to the business something to the business such a ideas, money or property. Rights and personal liabilities will vary according to the type of partnership taken. there are three types of partnerships 1) General partnership, 2) Limited partnership, 3) Limited Liability Partnership GENERAL PARTNERSHIP; General partnership is the relationship between two or more persons carrying on the business in common with a view to profit. General partnership share equal rights and responsibilities in connection with the management of the business, and individual partner can band the entire group to the legal obligation. each individual partner assume full responsibility for the debts of the business. LIMITED PARTNERSHIP; A partnership may be formed in which the liability of at least one partner (general partner) is unlimited, and the other partners liability for the debts of the company is limited to their capital contribution. the rules are as follows. 1) Limited partner may not withdraw their capital. 2) Limited partner may not take part in the management of the business. 3) Limited partner can not bind the business into agreement with the third party. 4) The partnership must be registered with the company house. LIMITED LIABILITY PARTNERSHIP; This kind of partnership is particularly used for professional partnership. LLP is similar to Limited companies, but the liability of the partners are limited to their capital contribution. LLP have the same requirements for governance and accountability as limited companies has, these are setup by the firm of professionals such as accountants and lawyers. The main advantage of LLP over traditional partnership is that LLP is liable for its own debts rather then partner debts.


What does 'LP' mean when referring to a company?

'LP' commonly stands for Limited Partnership when referring to a company structure. This means that the company has both general partners who manage the business and limited partners who invest but have limited liability.


How do you register the name of a Partnership firm?

If the Partnership firms are business entity that are owned, managed and controlled by one person. So Partners cannot be inducted into a Partnership firm.


Can a partnership firm be a shareholder?

no, a partnership cannot become a shareholder because shareholders are large but a partnership is only between two persons and they share only between themselves.


What are disadvantages of the partnership form of business?

There is less liability in a partnership when running a business, they also cannot issue stock, and if they have an equal partnership with the person(s) they are working with they have to share everything equally


What are disadvantages of the partnership form on a business?

There is less liability in a partnership when running a business, they also cannot issue stock, and if they have an equal partnership with the person(s) they are working with they have to share everything equally