accounting for partnerships-basic consideration

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    BASIC CONSIDEDRATION and FORMATION

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    Based on Civil Code of the Philippines, Article

    1767

    Two or more persons bind themselves

    Contribution of money, property, or

    industry to a common fund

    Intention of dividing the profit among

    themselves

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    Based on Civil code of the

    Philippines, Article 1768

    It has a juridical personalityseparate and distinct from

    that of each partners

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    1. Mutual Contribution

    2. Division of Profit and Losses

    3. Co-ownership of Contributed Assets4. Mutual Agency

    5. Limited Life

    6. Unlimited Liability7. Income Taxes

    8. Partners Equity Accounts

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    Oral Recitation:

    2. What are the advantages

    of partnership comparedto Corporations? Explain

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    Oral Recitation:

    3. What are the

    disadvantages ofPartnership? Why do you

    think that it is a

    disadvantage?

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    1. According to object

    a. Universal partnership of all present property

    b. Universal partnership of profits

    c. Particular Partnership

    2. According to liability

    a. General

    b. Limited

    3. According to duration

    a. Fixed Term/ Particular Undertaking

    b. At will

    4. According to purpose

    a. Commercial/ Trading Partnership

    b. Professional/ Non-trading Partnership

    5. According to legality of existence

    a. De jure Partnership

    b. De Facto Partnership

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    I am a classification of

    partnership whose

    contributions aredeterminate such as use or

    fruit, specific undertaking or

    the exercise of a profession

    or vocation.

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    I am a classification ofpartnership wherein all that thepartners may acquire by their

    industry or work during theexistence of the partnershipand the use of whatever thepartners contributed at thetime of the institution of thecontract belong to thepartnership.

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    I am a classification of

    partnership on which my

    creditors can go after theseparate properties of the

    partners to suffice payment

    of my liabilities.

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    I am a classification of

    partnership on which creditors

    can only go after the personalcontributions of the partners to

    suffice payment of partnership

    liabilities. However in mypartnership there should be at

    least one general partner.

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    I am a classification of

    partnership on which

    duration of existence isdetermined and specified.

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    I am a classification of

    partnership on which I am

    formed for the exercise ofprofession.

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    I am a classification of

    partnership on which I am

    formed for the transaction ofbusiness.

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    My partnership has failed to

    comply with all the legal

    requirements for itsestablishment.

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    General Partner

    Limited Partner

    Capitalist Partner

    Industrial PartnerManaging Partner

    Liquidating Partner

    Dormant Partner Silent Partner

    Secret Partner

    Nominal Partner or Partner by estoppel

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    - Embodies the agreements of the partnershipEssential provisions that it should contain:

    1. The partnership name, nature, purpose andlocation;

    2. The names, citizenship and residences of thepartners;

    3. The date and formation and the duration ofthe partnership

    4. The capital contribution of each partner, the

    procedure for valuing non-cash investments,treatment of excess contribution (as capital oras loan) and the penalties for a partnersfailure to invest and maintain the agreedcapital;

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    T register a partnership with the SEC, here are thebasic steps to follow:

    1. Have your proposed business name verified in theverification unit of SEC;

    2. Submit the following documents:

    Articles of Partnership Verification slip for the Business Name

    Written undertaking to change business name if required

    Tax identification number of each number and/or that ofthe partnership

    Registration data sheet for partnership dulyaccomplished in six copies

    Other documents that may be required

    3. Pay the registration/filing and miscellaneous fees;

    4. Forward documents to the Sec Commissioner forsignature.