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Lawyer for Business Partnership

Updated: March 28, 2023
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A lawyer for a business partnership involves creating a formal agreement involving two or more parties to manage and operate an organization. It also helps determine the ownership of a particular business. The partnership may happen between two individuals, two business organizations, or among the people involved within an organization.

A business partnership begins with a legal agreement signed between two different entities to form a new venture or share an existing one. You may wonder who drafts the legal agreements or solves related complications. The explanation is a lawyer for business partnerships who specializes in guiding individuals and organizations to create or modify agreements.

Who is a Lawyer for Business Partnerships?

A lawyer for business partnerships is a person who assists two parties in deciding on a specific business structure, its ownership, and operations by drafting a legal document. The signed document further helps meet the specific needs of a business. Lawyers for business partnerships also help individuals and organizations review partnership agreements to ensure they include all provisions necessary to avoid future hardships or legal complications.

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What Does a Lawyer for Business Partnerships Do?

A lawyer for business partnerships provides legal advice and services related to starting new ventures, operating existing ones, or moderating existing rules and provisions included in an agreement. Here is a list of roles and responsibilities associated with a lawyer for business partnerships.

  • Provide Advice on Partnerships

    Partnerships happen between two or more individuals who wish to conduct a joint business venture. A professional lawyer helps the parties consider the responsibilities inherent to their partnerships. The lawyer also discusses individual situations with either party and helps them understand what they can receive from the partnership that positively impacts the business.

  • Draft Partnership Agreements

    The lawyer helps collate all agreements into a legal document that will record the rules and provisions related to the business. Discussions and decisions are inevitable when considering a business partner or expanding a current partnership base. It is where a lawyer for business agreements comes to the rescue. The professional attorney can help draft partnership agreements by seeking the required provisions from both parties.

  • Resolve Partnership Disputes

    Disputes may arise regarding partnership operations, product distribution, revenue generation, etc. A lawyer can assist both parties in resolving disputes that may arise with or without partnership agreements. It enables everyone to work in sync through the details of specific business agreements.

What are the Benefits of Hiring a Lawyer for Business Partnerships?

A lawyer for business partnerships takes care of all legal documentation that may require two entities to reach an agreement. Here is a walkthrough of the incredible benefits of hiring a lawyer for business partnerships.

  • Decide on Suitable Business Structures

    A lawyer helps members settle for the correct business structure, which is imperative and helps avoid legal issues. The attorney also helps to understand the tax obligations and liabilities to draft an efficient business structure.

  • Draft Contracts

    Every business partnership includes contracts between two or more entities. A lawyer can help review and moderate the contracts and make amendments wherever necessary. The lawyer can also help ensure that the contract is in favor of the client and incurs benefits in the long run.

  • Specialization in Specific Areas

    A lawyer for business partnerships is proficient in handling corporate affairs and helps clients get the desired results. Attorneys with hands-on experience in business-related issues are the best resort to formulate flexible agreements with appropriate amendments.

When should I Hire a Lawyer for Business Partnerships?

You can hire a lawyer for business partnerships at different stages. If your organization has yet to reach an agreement or partnership deal, then you don't need to hire a professional lawyer. However, if your organization is ready to strike a new partnership deal that is on the verge of getting finalized soon, you can seek legal help immediately.

You must hire a lawyer for business partnerships when you and the other partner are ready with a memorandum for the upcoming agreement or contract. You may also consider hiring a lawyer if you want to moderate your existing business agreements and incorporate new rules and amendments. The lawyer for business partnerships may further assist you with regulatory or litigation issues in court.

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Key Terms Related to Business Partnerships

Business partnerships are similar to sole proprietorships and benefit both parties regarding resources, revenue, profits, and skills. However, it is necessary to know the key terms related to business partnerships to work closely with the lawyer and reach a fair agreement over specific deals.

Here is a list of key terms related to business partnerships.

  • Partner: One of the partnership members who describe themselves as an agent and acts as the legal representative for either of the co-partners.
  • Silent Partner: An individual who takes an active role in the operation of partnerships but is not disclosed to the public.
  • Limited Partner: An individual who may not be known to the public and does not participate in the day-to-day business operations and management of the partnership.
  • Bankruptcy: It results in the dissolution of a partnership unless the agreement specifies otherwise.
  • Capital Account: It is the ledger of a balance sheet of the partnership that sets out the capital contribution amount and current balance.
  • Current Account: It keeps a record of the profits and distributions made to a member or partner after considering debts and other balances.
  • Class of Partners: The class of partners includes fixed share members, equity partners, and salaried partners or members.
  • Corporate Partner: It is an incorporated corporation that is also a partner in a partnership that takes its share of profits on corporate tax and revenue drawings.
  • De-equitization: The process includes LLP agreements or partnership agreements and equity from partners because of failures or lack of performance.
  • Dissolution: It is the process of ending a business partnership that also includes collecting assets and paying liabilities.
  • Draws: Business partners or members do not get wages or salaries like regular employees. They receive a share of the business profits called draws.
  • Equity: It is the fair market value of a partner's share in the business that does not reflect in the capital.
  • Equity Partner: A member with a share in the partnership profits and full voting rights.
  • Expulsion: It is the process where a member gets expelled from the partnership.
  • Fixed Share Member: An individual who receives a fixed share of profits in a business partnership.
  • LLP Agreement: An agreement that dictates the relationship between a limited liability partnership and its members.
  • Retirement: It is the technical name given to a member who leaves a partnership or LLP. It does not have any similarities with the word 'retirement' used in general terms.

In A Nutshell

A lawyer for business partnerships guides clients in creating, modifying, and negotiating agreements. The attorney ensures that both parties negotiate the terms and conditions before drafting a final partnership agreement to avoid future legal complications. If you want to start a new business partnership, try working with experienced professional lawyers who can guide you with legal documents and necessary procedures.

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