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The Indian Partnership Act, 1932

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The Indian Partnership Act, 1932

  1. 1.  Definition of partnership  Features of partnership  Cases where no partnership exists  Classification of partnership  Types of partners  Partnership deed  Registration of partnership firm  Effects of non-registration  Rights of a partner  Reconstitution  Dissolution
  2. 2. As defined by Partnership Act 1932: The relation between the persons who have agreed to share the profits of the business carried on by all or any one of them acting for all.
  3. 3.  Agreement  Association of two or more persons  There must be some business  There must be sharing of profits  Mutual agency
  4. 4. PARTNERSHIP MAY BE CLASSIFIED ON THE BASIS OF THE FOLLOWING  On the basis of duration  On the basis of the extent of the business
  5. 5. The agreement creating a partnership may be implied or expressed. However, to avoid further disputes, it is always better to have an agreement in writing. Such an agreement in writing is called a “partnership deed”
  6. 6. Particulars to be filled in while registration  Name of the firm  The place or principle place of the business  The date on which each partner joined the firm  The name(in full) and the permanent address of the partners  The duration of the firm, if any  The application must be signed by all the partners.
  7. 7.  No suit against other partners and firm  No suit by the firm against third parties  No claim to a set off
  8. 8. Right to take part in the conduct of the business Right to be consulted Right to remuneration Right to interest on capital Right to interests on advances Right to share profits Right to access the books of accounts’ Right to be indemnified Right to be consulted at the time of admission of a new partner Right to use partnership property Right not to be expelled Right to retire Right to share subsequent profits
  9. 9.  Admission of a partner  Retirement of a partner  Expulsion of a partner  Insolvency of a partner  Death of a partner  Transfer of partners share
  10. 10. According to section 39, “the dissolution of partnership between all the partners of a firm is called dissolution of firm”. Dissolution of a firm marks the end of the functioning life of the firm. It discharges the contract which was created among the partners.
  11. 11. Dissolution without the intervention of court (voluntary dissolution)  Dissolution by consent of all partners  Dissolution by contract between the partners  Dissolution on happening of certain contingencies  Compulsory dissolution  Dissolution by notice Dissolution With intervention of court (court order)  Insanity of a partner  Permanent incapacity  Misconduct  Persistent breach of agreement  Transfer of interest  Continuous losses  Just and equitable grounds

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