A partnership without a partnership agreement O’Malley and O’Reilly formed a partnership on 1 July 2015 to run an information systems consultancy business by investing $ XXXXXXXXXXand $...

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This is group assignment including 3 person so 2000 words to be divided between two question in ratio.1st question answer should be of 650 words
And 2nd question`s answer should be around 1350 words


A partnership without a partnership agreement O’Malley and O’Reilly formed a partnership on 1 July 2015 to run an information systems consultancy business by investing $400 000 and $360 000 respectively. Both partners work similar hours in the business. O’Reilly has a Masters degree in information systems and 5 years’ experience in the workforce; O’Malley has an undergraduate degree and has worked for 3 years; she has invested money inherited from her parents. On 1 January 2016 O’Malley invested an additional $40 000 cash as a capital contribution. On 1 May 2016 O’Malley and O’Reilly withdrew $50 000 each in cash in expectation of profits for the current year ended 30 June 2016. They had not drawn up a partnership agreement and so are not sure how the profits of $120 000 should be distributed to each partner. You have been asked to decide the most appropriate way to divide the profit, and a number of alternative scenarios are provided for you to consider: a) no suggestions have been made by the partners b) the partners suggest distributing the profits in the ratio of the original capital balances c) the partners suggest that O’Malley receives a salary of $40 000 and O’Reilly receives a salary of $60 000 to reflect his greater qualifications and experience, with interest of 5% on ending capital balances, and the remainder distributed evenly between the partners. Required A. Calculate the amount of profit distribution to each partner under each scenario. Which scenario is most favourable to O’Malley and to O’Reilly? B. Given the capital commitments and expertise of each partner, which scenario is the most appropriate for the partnership agreement? C. What recommendations would you make for any proposed partnership agreement in the event that the partnership incurs a loss for the year? ================================================================ Partnership concerns Craig Fraser and Michelle Mason set up a partnership to run a small retail business. Craig contributed $60 000 to begin the business and Michelle’s contribution was $50 000. Craig is confident with numbers and accounting whereas Michelle prefers to deal with people and to ignore anything requiring numbers. Michelle has put her trust in Craig to set up the financial side of the business. Craig has decided that all profits should be distributed according to the initial capital contribution by each of the partners.  During the second year of operation Craig bought a new house and to finance the deposit he withdrew $20 000 from his capital investment in the partnership. Michelle accepted that this was reasonable and did not even think about the implications for profit distribution. The following year Craig withdrew another $20 000 from his capital investment in the partnership to reduce his house mortgage. Michelle accepted that as Craig had put the money into the partnership it was only fair that he could take it out again. Craig and Michelle both worked actively in the business, and generally worked well together as business partners. They both were entitled to a salary of $30 000 on the assumption that they would contribute equally to the management of the business. Required A. Who are the stakeholders in this situation? B. Does Craig appear to be doing anything wrong? Explain your response. C. Are there any ethical issues involved here? If so, identify them.
Answered Same DayJan 15, 2021ACC201Alphacrucis College

Answer To: A partnership without a partnership agreement O’Malley and O’Reilly formed a partnership on 1 July...

Ashish answered on Jan 17 2021
145 Votes
A partnership without a partnership agreement
A partnership offers no personal asset protection for partners of the business. A partner may be even liable for the negligent acts of another partner. Of the partnership's business assets do not cover an obligation; a creditor may pursue a partner’s personal assets as compensation
for the business debt.
The partners include, general partners, limited partners. General partners bear for the liability of debts and actions. Limited partners are like investors, he is not part of day to day business operations and do not share liability.
Advantages of partnership:
a. Easy formation: The partnership business is easy to start, run and manage. The restrictions are very less when compare to companies.
b. Flexibility in operations: The partners can implement the changes quickly according to changing circumstances. This is not easy to a company to implement new decisions.
c. Risk sharing: The losses are shared by all partners; the share of risk of each partner is low when comparing to sole proprietorship.
d. Double taxation is avoided: One of the benefits of partnership is there is no double taxation like corporation. This double taxation is partially and completely avoided in partnerships by paying larger amount of salaries to employee shareholders. But there is a benefit to forming as a corporation.
e. Promptness in making decisions: Partners can take decisions fast and implement them as they meet quite frequently.
f. Secrecy: The business may not publish its reports to public. Hence the business can maintain secrecy to some extent.
Disadvantages of partnership:
a. Limited capital: There is a limit of maximum numbers of partners; hence the capital raised from these partners is limited. Large scale industries need huge amount of capital and partnership is not suitable to meet the requirement.
b. Unlimited liability: unlimited liability is important disadvantage of partnership. The risk of losing private assets of the partnership influences the partners to take risk and play safe.
c. Instability: the partnership business can be dissolve due to death or insolvency of partner. The differences between partners may also lead to close of business.
Solution-a
a. If there is no alternative of distribution of profit in such case the provision of partnership act apply. Therefore, the profit will be divided between both the partners equally.
    O’Malley
    50%
    $60,000
    O’Reilly
    50%
    $60,000
    
    
    $120,000
b. If the profit is distributed according to partners capital balance in such case the profit distribution ratio is 10:9.
    O’Malley
    $63,158
    O’Reilly
    $56,842
    
    $120,000
c. Calculation for O’Malley
    Salary
    $40,000
    Interest on ending capital ($400,000 + $40,000)*5%
    $22,000
    Residual loss of 50%
    ($10,000)
    
    $52,000
Calculation for O’Reilly
    Salary
    $60,000
    Interest on ending capital ($360,000)*5%
    $18,000
    Residual loss of 50%
    ($10,000)
    
    $68,000
According to analysis the part (b) is more appropriate for the O’Malley and part (c) is more appropriate for the O’Reilly.
Solution-b
After analysis we found that the scenario (c) focused on the various capital commitments and expertise of both the partners. Therefore, the scenario (c) is most recommended among...
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