Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 1, 2023
The Firm
201-896-4100 info@sh-law.comAlthough entering into a business partnership can be a viable way to provide you with investment capital, it exposes you to liabilities such as financial obligations that may put your assets at risk. You may lose your assets if the company faces litigation due to your business partner’s conduct.
Working with a business dispute lawyer can help you navigate the intricate details of your business agreements and handle any partnership liabilities that may emerge. Understanding partnership liabilities well is also vital for mitigating risk.
Partnership liability refers to sharing debts and losses with your business partner. In other words, it assists business partners in understanding how losses occur and who should be held accountable. It can also apply to those who breach a commercial partnership agreement. Partnership liabilities are sometimes defined as the harm done to another person or business organization by the partnership.
The partnership has a variety of impacts on the partners’ bases. For example, your basis will rise in proportion to your share of the increase in liabilities. If your liabilities decline due to the partnership assuming the liability, the partnership is deemed to have distributed the liability. It additionally lowers the basis of the partnership. Similarly, when you bear partnership obligations, it is seen as a contribution and raises your basis.
The impact of partnership liabilities may differ depending on the form of partnership and your level of participation. Thus, it’s important to note that when attempting to end or terminate a partnership, always seek the legal advice of a business dispute attorney.
Before undertaking a profit venture, you must decide what type of partnership you want to form. There are three types of partnerships:
In a general partnership, general partners have equal legal and financial liability and are jointly liable for the partnership’s debts. They also share profits equally, with the details outlined in a written partnership agreement.
Limited partnerships consist of both general and limited liability partnerships. In this type of partnership, at least one of the partners must be a general partner and bear full personal liability for the business. The general partner manages the company and is responsible for making decisions, while the limited partner has no responsibilities because they do not engage in the business’s activities.
All partners actively run the business under a limited liability partnership (LLP), but they have limited liability for one another’s activities. While partners are entirely accountable for the company’s financial obligations and legal liabilities, they are not liable for the negligent conduct of their fellow partners. LLPs are commonly used by professionals such as architects, accountants, and lawyers.
As previously stated, partnership liabilities put your assets at risk. However, with proper partnership management, you can reduce risk and increase the likelihood of a successful partnership.
Once you’ve formed a partnership, it is important to record and document anything that goes against your original operating agreement. This will aid in revising the partnership if necessary.
Additionally, it is important to be actively involved in your business. Failing to regularly communicate with your partners may lead to a business dispute. Have a clear insight into your responsibilities, and meet or re-establish the expectations of your partners.
A business partnership may seem lucrative, but it puts your assets at stake. That’s why you need legal advice from an experienced business dispute lawyer whenever you enter any partnership agreement. Our professional business dispute lawyers have years of experience assisting New York City area and New Jersey businesses with all business disputes. If you require legal assistance with business partnership concerns, contact us.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!