How to Create a General Partnership in Missouri: A Complete Guide

*Missouri Law on Partnerships (Chapter 358 – Business Corporations, Limited Liability Companies, and Partnerships)*

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A General Partnership is a legal structure in which two or more individuals or entities agree to enter into business together. This type of partnership offers simplicity and flexibility, making it an attractive choice for many entrepreneurs. If you are considering creating a General Partnership in Missouri, this comprehensive guide will walk you through the process step-by-step.

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Understanding a General Partnership

Before we dive into the creation process, let's first understand the basics of a General Partnership. In a General Partnership, two or more partners combine their resources, skills, and expertise to run a business together. Unlike other business structures, the partners in a General Partnership have unlimited liability for the debts, obligations, and actions of the business. Each partner is equally responsible both in terms of profits and liabilities.

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Additionally, it's essential to note that a General Partnership does not offer limited liability protection to its partners. This means that if the partnership incurs debts or legal issues, the partners' personal assets could be at risk. It is crucial to keep this liability factor in mind while contemplating the formation of a General Partnership.

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Steps to Create a General Partnership in Missouri

Forming a General Partnership in Missouri involves several key steps. Follow the guide below to ensure you correctly establish your partnership:

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1. Selecting a Business Name

Start by choosing a business name that is unique, represents your venture, and complies with Missouri's business naming guidelines. Make sure that your chosen name is not already in use. You can conduct a name search on the Missouri Secretary of State's website to check for availability.

2. Draft a Partnership Agreement

A Partnership Agreement is not legally required in Missouri, but it is a wise decision. This agreement serves as a written contract between the partners, outlining their rights, responsibilities, profit and loss distribution, decision-making processes, and dissolution procedures. Drafting a partnership agreement helps prevent future conflicts and ensures a smooth operation of the business.

3. Register Your Partnership

Visit the Missouri Secretary of State's website to find the necessary forms for registering your General Partnership. You will need to file Form RDP, which stands for "Registration as a Partnership." Provide accurate information regarding your business name, principal place of business, partner information, and an appointed registered agent.

4. Obtain an EIN

An Employer Identification Number (EIN), also known as a Federal Tax ID, is essential for your partnership. Apply for an EIN through the Internal Revenue Service (IRS). This number will allow you to open a business bank account, hire employees, and fulfill your tax obligations.

5. Obtain Required Permits and Licenses

Depending on the nature of your business, you may need to obtain specific permits or licenses. Research the relevant regulatory agencies at the local, state, and federal levels to determine the permits necessary for your operations. This step ensures compliance and prevents potential legal issues in the future.

6. Open a Bank Account

Separating your partnership's finances from personal finances is crucial. Obtain a dedicated business bank account under the partnership's name. This will help maintain accurate financial records and ease tax filing and accounting processes.

7. Notify the IRS and State Tax Authorities

Register your partnership for taxes. File Form 1065, U.S. Return of Partnership Income, annually with the IRS. Additionally, the Missouri Department of Revenue requires partnerships to complete Form MO-1065 and pay the appropriate state taxes.

8. Secure Business Insurance

Protect your partnership and personal assets by acquiring suitable business insurance. Consult an insurance agent to determine the coverage necessary for your specific industry and business needs.

Conclusion

Establishing a General Partnership in Missouri requires careful consideration and adherence to the prescribed legal procedures. By diligently following the steps outlined in this guide, you can confidently establish a partnership that sets you on the path to operational success. Remember, consulting with an attorney or business advisor experienced in Missouri partnership law can provide valuable guidance and ensure compliance with all legal requirements.

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