In India, partnership organization is formed and managed by Indian Partnership Act, 1932.
Section 4 of Partnership Act defines partnership as the relation between persons who have agreed to share profits of a business carried on by all or any of them acting for all.
Minimum Requirement:- Minimum of 2 persons are required to form a partnership and maximum of 10 persons in case of banking and 20 in case of others.
Features:-
- The relation of partners is based on the contract.
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At least 2 persons are required for the formation of partnership firm
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There must be some undertaking of business.
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The objective must be to earn profits and share among partners.
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Law of agency applies.
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Partner's liability is unlimited.
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Mutual trust and confidence is the basis of partnership.
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Every partner can be a principal or agent of other partners during the
Course of Business.
- Consensus i.e. mutual consent is required for all important decisions.
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Restriction on transfer of share.
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No relation between contribution of capital and share of profits.
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Life span of partnership depends upon the will of partners.
Benefits of Partnership:-
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Formation of partnership is easy as it does not involve too many legal formalities.
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Flexibility in the operations of the business.
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Registration of partnership form of organization is not compulsory as in the case of company.
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All major decisions are taken by mutual trust, which results in better decision making.
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Sharing of risk helps in formation of capital.
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Relation of effort and reward.
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Unlimited liability helps in more credit worthiness.
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It protects the interest of minority as mutual consent i.e. consensus is required to take all the major decisions.
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Easy to maintain secrecy as partnership firm is not under an obligation to disclose its annual accounts.
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No legal formalities for dissolution.
Limitations:-
- Unlimited liability increases the risk; this hinders the growth of business.
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Limited resources for generating capital.
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No perpetual succession i.e. sudden death or retirement of any one of the partners dissolves the partnership.
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Lack of good faith and confidence among partners causes great limitations.
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No transfer of shares.
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Burden of law of agency.
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Due to non-disclosure of accounts there is always a lack of public confidence
Suitability:-
- For service industry:- Accounting, Medical, Legal, Transportation, Warehousing etc.
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Medium enterprises.
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For distribution of profits
Partnership - Key Requirement
- Partners
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Capital Contribution
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Registered Office
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Partnership Deed
Registration Flowchart
- Pooling of partners IDEA
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Business selection
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Mutual understanding on conditions of agreement
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Preparation of Partnership Deed
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Partnership deed on Stamp paper and Drafting it
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Signature of partners on Deed and submitting it to "Registrar of Firms" along with registration form
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Commence Business
get subsequent registrations