Question

Sam, alfredo, and juan want to start a small u.S. Business. Juan will fund the venture but wants to limit his liability to his initial investment and has no interest in the daily operations. Sam will contribute his full efforts on a daily basis but has limited funds to invest in the business. Alfredo will be involved as an active consultant and manager and will also contribute funds. Sam and alfredo are willing to accept liability for the firm's debts as they feel they have nothing to lose by doing so. All three individuals will share in the firm's profits and wish to keep the initial organizational costs of the business to a minimum. Which form of business entity should these individuals adopt

Answer 1

Answer: These individuals must enter into a limited partnership.

When a partnership has at least one General Partner and one Limited Partner, the partnership is called a limited partnership.

The general partners bear all the risk of the partnership and are jointly and severally liable for the debts of the partnership.

The limited partner contributes funds, but in not involved in the management of the partnership.

As a result he is not personally liable for the debts of the partnership.

However, he is entitled to a dividend by virtue of his investment. The nature of this dividend is defined and the terms are spelled out clearly in the partnership agreement.