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Business any risk in setting up a Partnership (Enterprise)?, will one of the Partner borrow loan

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TSk town shit
post Apr 3 2019, 09:57 AM, updated 7y ago

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hi, my friends and I are going to register for a Partnership (Enterprise), three of us are the Partner in the business, we will be running a wiring business,
I have a concern before I decide to go or not go, the concern is about the unlimited liability in Partnership, since Partnership will carry unlimited liability,
my concern is that will one of the Partner imitate our signature, and borrow the loan from Bank or Ah Long, then run away? Leaving the liability to me in the end

Can /K advice? icon_question.gif
MUM
post Apr 3 2019, 10:07 AM

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WHAT ARE THE DISADVANTAGES OF PARTNERSHIP ?
You will have to liable for debts of the partnership even if it is caused by the actions of other partners. With unlimited liability, each partner is also liable to use their private resources to meet the partnership's debts.
At personal level, you face the risk that partners may not be able to work together. Nobody guarantees that disagreements will not occur.
Even though a partnership provides a wider capital base compare to a sole proprietorship, the capital for expansion may still be limited unless additional partners are brought in.
There is lack of succession in a partnership. A partnership ends if any one of the partners resigns or dies.
http://www.lawyerment.com.my/library/doc/biz/prtnsp/

Unless there are compelling reasons to use the LLP, it’s may be better to stick to the other better recognised types of businesses. According to statistics, there were approximately 1.2 million companies, 6.4 million businesses, and 12,000 LLPs registered as of 31 August 2017. So as you can see, even if we give some allowance for the fact that the LLP is new, the other forms of business are vastly more popular than the LLP. So just bear in mind that you might be in lonely company (pun intended) if you decide to use this option!
https://asklegal.my/p/malaysian-business-ty...llp-partnership
danieln
post Apr 3 2019, 10:09 AM

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these days even sdb bhd also is not really limied anymore. which ever director sign the bank guarantor letter will have to base all the risk as well. so there is really not much difference.

bank loan is not the main worry, you should be concern more on the bank cheque. make sure all 3 signatory is needed, or at least yours is there to make sure the partners does not simply issue any amount which will really kill u

as for ah long, they don't operate legally, so do you think makes any differences?
TSk town shit
post Apr 3 2019, 01:34 PM

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QUOTE(MUM @ Apr 3 2019, 09:07 AM)
WHAT ARE THE DISADVANTAGES OF PARTNERSHIP ?
You will have to liable for debts of the partnership even if it is caused by the actions of other partners. With unlimited liability, each partner is also liable to use their private resources to meet the partnership's debts.
At personal level, you face the risk that partners may not be able to work together. Nobody guarantees that disagreements will not occur.
Even though a partnership provides a wider capital base compare to a sole proprietorship, the capital for expansion may still be limited unless additional partners are brought in.
There is lack of succession in a partnership. A partnership ends if any one of the partners resigns or dies.
http://www.lawyerment.com.my/library/doc/biz/prtnsp/

Unless there are compelling reasons to use the LLP, it’s may be better to stick to the other better recognised types of businesses. According to statistics, there were approximately 1.2 million companies, 6.4 million businesses, and 12,000 LLPs registered as of 31 August 2017. So as you can see, even if we give some allowance for the fact that the LLP is new, the other forms of business are vastly more popular than the LLP. So just bear in mind that you might be in lonely company (pun intended) if you decide to use this option!
https://asklegal.my/p/malaysian-business-ty...llp-partnership
*
may be due to it was just newly introduced, and not many people know yet?
WaCKy-Angel
post Apr 3 2019, 01:41 PM

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QUOTE(k town shit @ Apr 3 2019, 09:57 AM)
hi, my friends and I are going to register for a Partnership (Enterprise), three of us are the Partner in the business, we will be running a wiring business,
I have a concern before I decide to go or not go, the concern is about the unlimited liability in Partnership, since Partnership will carry unlimited liability,
my concern is that will one of the Partner imitate our signature, and borrow the loan from Bank or Ah Long, then run away? Leaving the liability to me in the end

Can /K advice?  icon_question.gif
*
Just get sdn bhd.

And if u already thinking about NOT TRUSTING your partner better dont partner up. Everything is about trust.
Not only partner/director even if your manager issue cheque or order fake/low-quality goods also the company is liable for it.
SUSazhan82
post Apr 3 2019, 05:43 PM

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or do LLP ...
more a less partnership.. but with limited liability.. biggrin.gif
LiMi
post Apr 3 2019, 08:21 PM

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As others said, would be best to go with LLP. IMO many upsides, very little downsides.

All the benefits of partnership, with the limited liability of a company.

It's to protect you from them, and even protect them from you. Lots of partnership got problem because partner run away or do some stupid/evil shit.
HAoCHa
post Apr 4 2019, 02:08 PM

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QUOTE(azhan82 @ Apr 3 2019, 05:43 PM)
or do LLP ...
more a less partnership.. but with limited liability.. biggrin.gif
*
QUOTE(LiMi @ Apr 3 2019, 08:21 PM)
As others said, would be best to go with LLP. IMO many upsides, very little downsides.

All the benefits of partnership, with the limited liability of a company.

It's to protect you from them, and even protect them from you. Lots of partnership got problem because partner run away or do some stupid/evil shit.
*
The disadvantage of LLP is cannot get bank loan right? Very important factor.

 

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