kelolalaut.com A partnership company is a business entity established by two or more individuals based on mutual agreement to achieve specific objectives, usually to generate profit. In a partnership, each member or partner has rights and responsibilities in accordance with the agreed terms. This type of company is generally easier to establish compared to legal entities like limited liability companies (LLC), but the liability of the partners can be greater depending on the type of partnership.
Types of Partnership Companies
- Civil Partnership
A civil partnership is a cooperative arrangement established based on an agreement between two or more parties to combine resources or skills to achieve specific goals. In this type, the members have unlimited liability, which includes their personal assets.
- Firm (Fa)
A firm is a type of partnership where all members have full responsibility for the company's debts. A distinguishing feature of a firm is the use of a shared name in its business activities. Profits and losses are divided according to the terms agreed upon in the initial agreement.
- Limited Partnership (CV)
CV consists of two types of partners:
- Active Partners: Responsible for managing operational activities and bearing full liability for the company's debts.
- Passive Partners: Contribute capital without being directly involved in the management of the company. Their liability is limited to the amount of capital they contributed.
Characteristics of Partnership Companies
- Shared Capital
The capital in a partnership comes from the contributions of the partners. The amount of capital contributed is usually regulated in the agreement.
- Partner Liability
Partner liability depends on the type of partnership. In a firm, all partners have full liability, while in a CV, passive partners have limited liability.
- Written or Oral Agreement
The establishment of a partnership is based on an agreement that can be made either in writing or orally. However, written agreements are recommended to avoid disputes in the future.
- Profit Sharing
Profits are distributed according to the agreement, typically based on the proportion of capital or contribution of each partner.
Advantages of Partnership Companies
- Ease of Establishment
Requires less complicated procedures compared to legal entities like LLCs.
- Larger Capital
With contributions from multiple parties, the available capital is larger compared to a sole proprietorship.
- Solid Cooperation
The presence of more than one partner allows for the division of tasks and responsibilities based on individual expertise.
Disadvantages of Partnership Companies
- Unlimited Liability
In a firm and civil partnership, partners are fully liable for the company’s debts, including their personal assets.
- Potential for Internal Conflict
Differences in opinion among partners can lead to conflicts that affect the company’s operations.
- Uncertain Business Continuity
If one partner resigns or passes away, the continuity of the company may be threatened, especially without specific agreements in place.
Case Example of a Partnership Company
For instance, two friends, Budi and Andi, agree to establish a catering business in the form of a CV. Budi, as the active partner, is responsible for managing operations, while Andi, as the passive partner, contributes capital. In their agreement, they decide that profits will be split 70% for Budi and 30% for Andi. In the event of losses, Andi’s liability is limited to the capital he contributed.
Conclusion
A partnership company is an ideal choice for individuals who wish to start a business with partners. The choice of partnership type should align with the needs and capabilities of each party. While it offers many benefits, the risks associated with partner liabilities should be carefully considered before establishing a partnership company.
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