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Accounting and legal responsibility These professionals are able to keep their partnerships private from the public. Silent partners also enjoy limited legal liability. This means they're free from any penalty, including the notification of credit bureaus, if the company neglects its legal responsibilities.
As with other partnership agreements, a silent partnership generally calls for a formal agreement in writing. Prior to the formation of a silent partnership, the business must be registered either as a general partnership or a limited liability partnership per state regulations.
A silent partner is also known as a dormant partner; an investor who becomes a member of a partnership by virtue of capital contribution, but plays an inactive role in the daily operation and management of the business.
Silent Partners and Liability Thanks to their limited liability, however, silent partners are not liable for company losses beyond the percentage that they invested. So if a silent partner has a 10% stake in a business, for example, he or she would only be accountable for 10% of the incurred losses and debts.
What should a Silent Partnership Agreement include? Information about the partnership, including name, place and purpose. Term of the partnership. Percentage of ownership in the business. Specific contributions to be made by each Partner. How additional contributions are handled by the partnership.