This is to inform that Graded Discussion Board (GDB) No. 02 will be opened on Aug 05, 2014 for discussion and last date for posting your discussion will be Aug 09, 2014
Topic to be tested:
Markup on Capital and Drawing
Mr. A, Mr. B and Mr. C joined hands for mutual business as partnership firm. They are agreed on equal share in capital and profit & loss. However, after one year Mr. B provided extra Rs. 100,000 for contingency expense on 12% interest rate (Annual) until the repayment. It was not possible to return the loan amount to the Partner Mr. B due to the increasing requirement of capital for flourishing business. Mr. C withdraws Rs. 50,000 on 10% interest rate (Annual) from business resources for the treatment of his wife.
After few years, all partners agreed to convert partnership firm into public limited company, no change in business line, to meet the capital requirements and all partners with other four members became directors of newly incorporated ABC Corporation. Before signing the directorship document, each director legally bound to subscribe and paid for its shareholding. Mr. B has also been invested one million more in the newly incorporated Company. Company rules allow giving the interest free loan to the directors for not more than one year.
You are required to comment with logical reasoning,
1. Your discussion must be based on logical facts.
2. Solution must be provided in the recommended table / format
3. Do not copy or exchange your answer with other students. Two identical / copied comments will be marked Zero (0) and may damage your grade in the course.
4. Obnoxious or ignoble answer should be strictly avoided.
5. Questions / queries related to the content of the GDB, which may be posted by the students on MDB or via e-mail, will not be replied till the due date of GDB is over.
Markup on capital and drawing do not become part of Profit and Loss Account. They are treated in the appropriation account.
See attached file
bhai koi final ho gaye GDB ya abhi be takrar honi hai
INTEREST ON CAPITAL AND DRAWINGS
The partnership agreement may include one or both of the following clauses:
Partners are charged interest on drawings (this may be on the total amount of the current account balance or on the amount exceeding a specific limit, depending upon the terms of agreement).
Partners are given interest on their capital (again this can be on the total amount of the capital or the amount exceeding a specific figure).
· REASONS FOR INTEREST ON CAPITAL
The profit/loss sharing ratio may not be equal despite the fact that partners have contributed equal capital, depending upon the partnership agreement.
Take the following example:
Two partners start a business and contribute equal capital and decide to share equal profits.
But they also realize that in future the business may need further capital and at that time both partners may not be able to contribute equally.
So instead of revising the contract every time they include a clause in the agreement, whereby, the partners are allowed an interest on the capital contributed.
This interest can be on the whole amount of both partners or only of one partner on the amount contributed in excess of the other partner.
This way a partner, who provides capital in excess of his profit sharing ratio, can be compensated.
One may say that the same results can be achieved by saying that profit and loss sharing will be proportionate to the amount of capital invested.
But, as we have said that in partnership everything depends on the Partnership Agreement.
· REASONS FOR INTEREST ON DRAWINGS
Drawings are opposite to capital invested i.e. these are the funds drawn by partner from the business.
Therefore, in order to keep the distribution of profit fair, a clause may be inserted in the agreement, where an interest is charged on the drawings of the partners.
Again, this can be on the total amount or on an amount exceeding a specific limit.
Both of the above things depend upon the agreement between partners.
· Partnership to Public limited company
When an established partnership business is incorporated, that is turned into a limited company (nearly always a company limited by shares), the proper procedure is for the new limited company to be registered, a date chosen for the transfer of the business, and then for the partners to enter into a contract with the new company for all (or some) of the assets of the business to be transferred to the company in return for shares in it. The partners will then have limited liability in respect of all transactions that take place after the date of the transfer, but will remain personally liable for any debts incurred as partners before such date.
E.g. If the existing business has assets worth Rs100,000 and has two equal partners, the assets will be listed in a schedule to the contract and, typically, transferred to the company in return for100,000 Rs10 for each share, 5,000 Shares are issued to each of the partners.
From an accounting point of view the most convenient date for the transfer will usually be at the end of the financial year of the existing business so that accounts can be drawn up for whole years and the partnership accountant should be consulted on this matter.
if there is clause to paying intrest on drawings by a partner then the partner is liabile to pay intreston his withdrawing . Intrest on with drawing can be on total amount or amount exceding a specofic limits .
Yes MR C is liable to pay intrest on drawings .
If Mr. C reimbursement the $(loan or Drawings) $Amount of Rs. 50000 before the complication of one year, in this situation he is not liable to pay interest on withdrew amount.
In partnership every thig depends on agreement ...
If there is no clause about # paying intrest in partnership$ deed then no intrest will be payed to Mr B.
Friends, i have studied all the comments of the discussion, Company Ordinance 1984 (CO1984) and statement of he GDB. First of all what are the facts / figures provided. Following are the given requirements:
1. Mr. B gave 100,000 loan to partnership firm @ 12%.
2. Mr. C borrowed Rs. 50,000 @ 10%.
3. All partners became director along with 4 other members.
4. Mr. B again invested 1 million in newly incorporated private company.
5. Before signing the directorship document, each director legally bound to subscribe and paid for its shareholding.
1. Mr. B has been paid back (Point-5) in terms of shares the amount of Rs. 100,000. So, no question of receiving interest. His fresh investment of 1 million will give him more shares of company and again no interest will be paid. So, friends in my opinion according to CO 1984 (probably section 86 of ordinance) shareholders will be paid dividends not the interest. Mr. B will not get the interest on his capital.
2. Mr. C must have paid back the loan amount of Rs. 50,000 before signing the directorship documents because no director of the company can be a borrower and can not borrow any amount from the company vide section 195 of CO 1984. However, this company has included this clause that directors can borrow money for one year without interest.
here there can be two situations.
a. If he has paid the borrowed money to partnership firm before the incorporation of company. Then, he has cleared the loan, so no question of interest to be paid.
b. If he has not paid the borrowed amount on incorporation of company then he must has given it in writing to the newly incorporated company about the re-payment schedule no matter what is the policy of the company. This policy of company that directors can draw loan for one year without interest deals with new loans not the previous loans.
thank you Falcon bahi