In the initial phase, many tasks need to be completed and some administrative functions may overlap (or may require only temporary monitoring). Although you do not exist the duty of each partner, since it concerns every aspect of your business, there are a few roles and responsibilities that you must assign and define in a formal agreement. Roles and responsibilities related to accounting, payroll and even human resources deserve to be cited in the partnership agreement because of their critical and sometimes sensitive nature. Even if you have an existing agreement, you can update your agreement to fulfill these important leadership functions. For more information on managing your company`s human resources, see « 4 HR issues that can weigh on your business. » Partnership is only born as a result of an agreement between the parties, and the general principles of contract and agency law are also relevant to the partnership, as they are not inconsistent with the explicit provisions of the Partnership Act 1932. The social contract is subject to fundamental requirements of the contract, i.e. legally enforceable agreements, mutual consent, the competence of the parties, free consent, the legitimate purpose, the consideration, etc. While co-ownership does not enter into a partnership, unless there is a business, a business taken for itself is not a partnership, unless there is co-ownership. Of the tests used by the courts to determine co-ownership, perhaps the most important is the sharing of profits. Section 202 (c) of the RUPA provides that a person who receives a share of a company`s profits is considered a partner of the company, « but this presumption can be rebutted by showing that the share of profits paid (1) was intended to repay a debt; (2) wages or allowances to an independent contractor; (3) rent; (4) a pension, pension or health care benefit for a representative of a deceased or retired partner; (5) interest on a loan or on duties on income, income or capital gains on security; or (5) for the sale of the value of a business or other property. Section 7, paragraph 4, of the UPA is also effective.
13/04/2021