The distinction is rarely disputed, as a company is a fictitious person who is separated from its members, while a partnership is not. Although the relationship between company managers and shareholders is not a partnership, a company can itself be a partner. When a single partner controls a company that acts for him with regard to his activities, that company becomes as responsible as he is. Many farms and other small businesses partner with them. A partnership can be simply entered into by an agreement between the parties and commercial partnerships that work without a written agreement are governed by the Partnership Act 1892 (NSW). Unlike an implied or implied partnership, section 1(2) of the Limited Liability Partnership Act 2000 states that a limited liability company is created by creation. As a result, creating the limited liability company is not the decision to create a limited liability company or even documentation in the form of a limited liability social contract. We advise in all areas of a partnership or member agreements, including: It is important to note that a partnership does not have a separate legal identity, it is the collection of its partners. Partnership contracts are concluded with the partners who assume joint and several liability for the partnership`s commitments. The actions of a partner on behalf of the partnership are binding on all partners. The absence of a partnership does not mean that there are none of the bona bona view obligations that exist between the partners; Of course, the extent to which such obligations will vary from case to case.