Arizona USLegal Pamphlet on Silent Partners

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Multi-State
Control #:
US-PMPH-17
Format:
Word; 
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Description

This pamphlet provides an overview of silent partners. Topics covered include what a silent partner is, steps to take before becoming a silent partner, and how buy-sell agreements are used.

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FAQ

For this reason, bringing on a silent partner as an investor isn't cheap; expect to spend at least $15,000 in fees if you wish to raise capital in this manner.

The commission paid to the working partner in a business is 5 % of the profit.

Partners share in the profits and losses to the extent of their share in the business. If each contributes 50 percent of the start-up money, then each is entitled to 50 percent of the profits, according to Weltman.

Participating as a silent partner is a suitable form of investment for those who want to have a stake in a growing business without exposing themselves to unlimited liability. Contracts should include terms for buying out the ownership stake held by a silent partner or otherwise dissolving the partnership.

Silent Partners A silent partner is any individual who provides funding to a business as his only contribution. Partnerships and LLCs can have silent partners. Silent partners can also be referred to as limited partners (LPs).

Rights of a Silent Partner. A silent partner has the right to earn investment returns (proportionate to his or her initial investment) with limited involvement and liability. Silent partners also have the right to review company financial statements and provide input on changes made to the partnership agreement.

The silent partner steps back and lets you run the business. Once your business turns a profit, the silent partner receives 20% of the net profit. The profit is what's left after you subtract business expenses from your total sales revenue.

A silent partner is legally responsible for business losses. Even if he does not participate in business operations, he is still obligated to bear the losses. In case of a limited liability partnership, silent partners are responsible for business losses only to the extent of their stake percentage in the investment.

In a partnership, two or more people are jointly and severally responsible for their business. Any member of a partnership may own a share, but all percentages must be at or above 100 percent.

More info

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Arizona USLegal Pamphlet on Silent Partners