Partnership Firm Persons who have entered into a partnership with one another to carry on a business are individually called “Partners“; collectively called a “Partnership Firm”; and the name under which their business is carried on is called the “Firm Name” In simple words, A partnership is an agreRead more
Partnership Firm
Persons who have entered into a partnership with one another to carry on a business are individually called “Partners“; collectively called a “Partnership Firm”; and the name under which their business is carried on is called the “Firm Name”
In simple words, A partnership is an agreement between two or more people who comes together to run a business on a partnership deed, which is called a Partnership firm. A Partnership Deed is a written agreement between partners who are willing to form a Partnership Firm. It is also called a Partnership Agreement.
It has no separate legal entity which cannot be separated from the members. It is merely a collective name given to the individuals composing it. This means, a partnership firm cannot hold property in its name, and neither it can sue nor be sued by others.
Contents of a Partnership Deed
A Partnership Deed shall mainly include the following contents:
- Name of the Partnership firm
- Address of the Partnership firm
- Details of all the Partners
- Date of commencement of the Business
- The amount of capital contributed by each of the partners forming the Partnership firm
- The Profit sharing ratio (The Business profit shared among the partners on a ratio basis)
- The rate or amount of Interest on Capital & the rate or amount of Interest on drawings to each partner respectively.
- The salary is payable to each of the partners of the firm.
- The rights, duties, and power of each partner of the firm.
- The duration of the existence of the firm
Types of Partners
The following are the various types o partners
- Working partner or Active partner
- Sleeping partner
- Limited partner
- Partner in profit only
- Nominal or quasi partner
- Minor as a partner
Types of Partnership Firms
There are four types of partnership which are as below.
- General Partnership
- Limited Partnership
- Partnership at will
- Particular Partnership
Essential characteristics of a partnership firm
- Two or More persons: There must be at least two persons to form a partnership. A person cannot enter into a partnership with himself. The maximum number of persons in a partnership should not exceed 50.
- Agreement between partners: There must be an agreement between the parties in a partnership. The relation of partnership arises from the formation of a contract i.e., Partnership deed.
- Mutual Agency: Partnership business can be carried on by all the partners or by any of them acting on behalf of the others. in simple words, every partner is an agent to the other partners and of the form. Each partner is liable for acts performed by other partners on behalf of the firm.
- Registration of Firm: Registration of a partnership firm is not compulsory under the Act. The only document or even an oral agreement among partners required is the ‘partnership deed’ to bring the partnership into existence.
- Unlimited Liability: the liability of the partners is unlimited for the debts of the firm. In case the assets of the firm are insufficient to pay the debts in full, the personal property of each partner can be attached to pay the creditors of the firm.
- Non-Transferability of interest: there is a restriction in the transfer of shares of profits of the partnership without the prior consent of all other partners.
- Sharing of profits: The profits must be distributed among the partners in an agreed ratio. Similarly, losses should be shared among the partners.
- Lawful Business: The business carried on by the partners must be lawful. Illegal acts such as theft, dacoity, smuggling, etc., cannot be called partnerships.
- Utmost good faith: A partner must observe utmost good faith in all dealings with his co-partners. He must render true accounts and make no secret profits from the business.
See less
Types of Partnership A partnership is an agreement between two or more people who comes together to run a business. There are different types of partnerships formed with different perspectives as mentioned: General Partnership Limited Partnership Limited Liability Partnership Partnership at will ParRead more
Types of Partnership
A partnership is an agreement between two or more people who comes together to run a business.
There are different types of partnerships formed with different perspectives as mentioned:
General Partnership
Limited Partnership
Limited Liability Partnership
Partnership at will
Partnership for a fixed term
General Partnership
It refers to the partnership where all partners actively manage the business and have unlimited legal liability. Generally, all the partners share equal profit and loss in the business and are also equally liable for the outsider’s loan.
All the partners are responsible for the business’s day-to-day operations and managerial responsibility.
If the partners decided to share profit and loss in any other ratio (unequal ratio), then they have to disclose this in a agreement called a partnership deed.
In this, debts are equally borne by selling the partners assets of all the partners. In case of dissolution, if the partnership firm has taken a loan from outsiders and does not have sufficient funds to repay the amount then the payment can be done by selling the partner’s personal property.
It can be formed by signing the partnership agreement that would be proved as evident in case of disagreement among partners. For instance, if any partner dies or leaves the firm then they should follow the content of the agreement.
A general partnership does not pay the tax instead the partners personally report their income tax return.
Limited Partnership
In a Limited partnership, all the partners contribute capital but not necessarily all of them manage the business.
The old partners add a new partner into the partnership to fulfill the financial needs of the business i.e. for capital. The rights of decision-making are issued to new partners on the basis of their contribution of capital. The new partner is not associated with day-to-day business activities. He /She is called a limited partner or silent partner.
The liability partner has limited liability to the extent of his capital. The personal assets of the limited partner can not be used for the payment of the firm’s liability.
Limited Liability Partnership
It is a more popular type of partnership in today’s world. To form an LLP you have to register under the Limited Liability Partnership Act, 2008.
In this, all the partners have limited liability to the extent of the capital investment in the business. The personal assets of the partners can not be used to discharge the liability of the partnership.
A Minimum of 2 partners are required to form an LLP. However, no maximum limit on a number of partners.
It has also some features of the company. It has a separate legal entity. The LLP can buy property in its own name and sue and be sued in its name.
LLPs are often formed by professionals like Chartered Accountants, doctors and Legal firms.
Features
Partnership at will
Partnership at will is a form of business where there is no fixed tenure of the partnership. That means there is no expiration of the partnership. But if the partnership is formed for a fixed duration and its period has expired and still continues then it will become a partnership at will.
Partnership for a fixed term
The partnership is created for a fixed duration of the interval. After the expiration of such duration, the partnership may come to an end.
If the partners share profit and loss even after the expiration of the duration of the partnership then it will become a partnership at will.
See less