Can a charity be a partner in a partnership?

Can a charity be a partner in a partnership?

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Can a charity (or non profit making) be a partner in a conventional partnership where there is only one other (an individual) sharing profits? I believe this is not permitted but cannot provide evidence without reading the entire Partnership Act 1890 etc

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By WhichTyler
01st Mar 2018 17:24

How will the partnership be earning its income? If it is trading outside the charity's primary purpose then it may be taxable in the charity. So may be better to put a trading subsidiary in as the partner. Possibly useful risk cutout too

F

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By 401K
01st Mar 2018 20:23

Partnership will be a secondary income. The idea being the charity refer members to the trading partnership in exchange a portion of profits.

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By WhichTyler
02nd Mar 2018 05:23

Still not clear why a conventional partnership is the best way forward. Although this https://www.gov.uk/government/publications/charities-and-fundraising-cc2... refers to 'partners', this is in the looser sense. Usually a licencing/royalty agreement is preferrrable as it easier to terminate if the 'partner' (aka commercial participator) misbehaves, and reduces risk to the charity.
See also https://www.fundraisingregulator.org.uk/l9-0-commercial-participators/

And there is still the tax problem I mentioned

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