This document defines partnership and outlines the various types of partners, rights of partners, and liability of partners. It discusses active or managing partners who conduct business on behalf of the firm, sleeping partners who contribute capital but do not manage, and nominal partners who lend their name but have no real interest. The rights of partners include taking part in the business, accessing books, sharing profits, and indemnity. Partners are jointly and severally liable for firm acts and obligations. The firm is also liable if a partner causes loss or injury through wrongful acts conducted in the ordinary course of business.
The document discusses the key aspects of a contract of agency under Indian law. It defines principal and agent, and outlines their duties and rights. It explains the different ways an agency can be created and terminated. It also distinguishes between an agent and other related roles like servant, bailee, independent contractor, and sub-agent. Finally, it discusses when an agency becomes irrevocable, such as when the agent has an interest in the subject matter or has partially performed the agency.
The document defines partnership under the Indian Partnership Act of 1932 as the relation between two or more persons who have agreed to share the profits of a business carried on by all or any of them acting for all. It outlines the key characteristics of a partnership like the agreement to share profits, unlimited liability, joint ownership of property.
It describes the different types of partners like active, sleeping, nominal partners. It also explains partnership at will which can be dissolved by any partner giving notice, and particular partnership which is for a specific purpose or time period.
The document emphasizes that a partnership agreement is formed by contract and it is best to have it in writing in a partnership deed that outlines details like capital contributions, profit/
This document summarizes key sections of the Partnership Act of 1932 regarding incoming and outgoing partners, as well as dissolution of partnerships. Key points include: introduction of a new partner requires consent of all existing partners; a retiring partner ceases being a partner when others continue the business; a partner can be expelled by majority for the firm's benefit with proper procedures; and a firm may dissolve by agreement, contingencies like death or insolvency of a partner, or by court order for issues like misconduct.
This document provides an overview of key concepts relating to Indian partnership law under the Indian Partnership Act of 1932. It defines a partnership as a relation between people who agree to share profits from a business carried on by all or any of the partners. The essentials of a partnership are an agreement between two or more people to carry out a legal business and share profits. It also outlines types of partners, rights and duties of partners, liability of a firm for partner actions, and modes of dissolving a partnership through mutual agreement, notice, or court decree.
Contract of agency, features of agency and termination agencyFAST NUCES
The presentation is abut the contract of agency. it contains the essentials features required for a agency. Moreover, it also includes the purpose of agency and kinds of agent. further, it is also providing termination of agency.
This document provides an overview of key concepts related to partnership law in India. It defines a partnership as a relationship between two or more people who agree to share profits from a business. A partnership must have a minimum of 2 partners and a maximum of 10 partners for banking or 20 for other businesses. Partners are jointly liable for all debts of the firm. Unregistered partnerships have some limitations. The document outlines types of partners, rights of partners, and rules that apply in the absence of a partnership agreement.
The document discusses agency and insurance law under Indian contract law. It defines key terms like principal, agent, insurer, and insured. For agency, it covers creation of agency through express, implied, and ratification agreements. It discusses the duties of agents and circumstances for terminating agency. For insurance, it defines insurance as a risk-sharing contract between an insurer and insured where the insurer agrees to pay a sum or indemnify losses in exchange for a premium. It outlines characteristics of insurance contracts like utmost good faith and indemnity.
This document defines partnership and outlines the various types of partners, rights of partners, and liability of partners. It discusses active or managing partners who conduct business on behalf of the firm, sleeping partners who contribute capital but do not manage, and nominal partners who lend their name but have no real interest. The rights of partners include taking part in the business, accessing books, sharing profits, and indemnity. Partners are jointly and severally liable for firm acts and obligations. The firm is also liable if a partner causes loss or injury through wrongful acts conducted in the ordinary course of business.
The document discusses the key aspects of a contract of agency under Indian law. It defines principal and agent, and outlines their duties and rights. It explains the different ways an agency can be created and terminated. It also distinguishes between an agent and other related roles like servant, bailee, independent contractor, and sub-agent. Finally, it discusses when an agency becomes irrevocable, such as when the agent has an interest in the subject matter or has partially performed the agency.
The document defines partnership under the Indian Partnership Act of 1932 as the relation between two or more persons who have agreed to share the profits of a business carried on by all or any of them acting for all. It outlines the key characteristics of a partnership like the agreement to share profits, unlimited liability, joint ownership of property.
It describes the different types of partners like active, sleeping, nominal partners. It also explains partnership at will which can be dissolved by any partner giving notice, and particular partnership which is for a specific purpose or time period.
The document emphasizes that a partnership agreement is formed by contract and it is best to have it in writing in a partnership deed that outlines details like capital contributions, profit/
This document summarizes key sections of the Partnership Act of 1932 regarding incoming and outgoing partners, as well as dissolution of partnerships. Key points include: introduction of a new partner requires consent of all existing partners; a retiring partner ceases being a partner when others continue the business; a partner can be expelled by majority for the firm's benefit with proper procedures; and a firm may dissolve by agreement, contingencies like death or insolvency of a partner, or by court order for issues like misconduct.
This document provides an overview of key concepts relating to Indian partnership law under the Indian Partnership Act of 1932. It defines a partnership as a relation between people who agree to share profits from a business carried on by all or any of the partners. The essentials of a partnership are an agreement between two or more people to carry out a legal business and share profits. It also outlines types of partners, rights and duties of partners, liability of a firm for partner actions, and modes of dissolving a partnership through mutual agreement, notice, or court decree.
Contract of agency, features of agency and termination agencyFAST NUCES
The presentation is abut the contract of agency. it contains the essentials features required for a agency. Moreover, it also includes the purpose of agency and kinds of agent. further, it is also providing termination of agency.
This document provides an overview of key concepts related to partnership law in India. It defines a partnership as a relationship between two or more people who agree to share profits from a business. A partnership must have a minimum of 2 partners and a maximum of 10 partners for banking or 20 for other businesses. Partners are jointly liable for all debts of the firm. Unregistered partnerships have some limitations. The document outlines types of partners, rights of partners, and rules that apply in the absence of a partnership agreement.
The document discusses agency and insurance law under Indian contract law. It defines key terms like principal, agent, insurer, and insured. For agency, it covers creation of agency through express, implied, and ratification agreements. It discusses the duties of agents and circumstances for terminating agency. For insurance, it defines insurance as a risk-sharing contract between an insurer and insured where the insurer agrees to pay a sum or indemnify losses in exchange for a premium. It outlines characteristics of insurance contracts like utmost good faith and indemnity.
The document discusses key concepts around partnerships under Indian law, including:
1. The essential elements of a partnership include an association of two or more persons, an agreement to carry on business together, and a sharing of profits.
2. The rights and duties of partners are outlined, with rights including participation in management, inspection of books, and sharing of profits, and duties including acting for the common advantage and not claiming remuneration.
3. Dissolution of a partnership can occur through compulsory, agreement-based, or court-ordered means, and winding up is the process of settling partnership affairs after dissolution.
This document provides an overview of key concepts from the Indian Partnership Act of 1932. It defines a partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. It outlines the types of partnerships like partnership at will with no duration, particular partnership for a specific venture, and partnership for a fixed term. It also defines classes of partners such as actual, dormant, nominal, and partner by estoppel. The document discusses the formation, dissolution, and relations of partners according to the Act.
The document provides an overview of key aspects of Indian partnership law, including definitions, essential elements, types of partners, duration, dissolution, and rights and duties. Some key points:
- A partnership is defined as the relation between persons who have agreed to share the profits of a business carried on by all or any acting for all.
- Essential elements include agreement, business purpose, profit sharing, mutual agency, restrictions on transfer of partner shares, unlimited liability, and no separate legal entity status.
- Partners include active, sleeping, nominal, and incoming/outgoing types.
- Dissolution can occur through agreement, compulsory events like insolvency, or contingencies like expiration, completion
Companies must hold an annual general meeting every year, with no more than 15 months between meetings. Extraordinary general meetings can be called to discuss urgent matters. Board meetings can be called by the secretary, director, or on the chairman's direction. Meetings must be chaired and have quorum to be valid. Notice must be sent in advance of meetings, and include time, place, agenda, and signature. Resolutions are passed by ordinary majority or 75% majority for special resolutions. Minutes record the discussions and decisions.
The document discusses the roles and responsibilities of company directors under Indian law. It defines a director and outlines their legal position as agents of the company. There are different types of directors such as executive, outside, and independent directors. All directors must obtain a Director Identification Number. Directors can be appointed through various means and removed by shareholders, government, or courts. Their duties include attending meetings, not contracting without board consent, disclosing property transfers, and acting with good faith and without negligence.
The Indian Partnership Act, 1932 was enacted in India in 1932.THE INDIAN PARTNERSHIP ACT’ 1932 Section.4 of the Indian Partnership Act, 1932 defines Partnership in the following terms: “ Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.”
"Section 464 of the Companies Act, 2013 empowers the Center Government to prescribe maximum number of partners in a firm but the number of partners so prescribed cannot be more than 100.The Central Government has prescribed maximum number of partners in a firm to be 50 vide Rule 10 of the Companies (Miscellaneous) Rules,2014.Thus, in effect, a partnership firm cannot have more than 50 members".
General duties of Partners[2]
The Partners shall run the business of the firm to the highest level of common advantage by being true to each other. They have to be accountable to one another and provide complete information of all the aspects of the firm , to any other partner or their legal representatives.
Duty of indemnification
Each partner shall indemnify the firm for any loss that occurred due to a fraud, in the conduct of the business.
The document provides an overview of company law in India, including definitions and key concepts. It discusses the definition of a company, characteristics of companies, types of companies (private/public, by incorporation, liability, control, ownership), and the process of forming a company (promotion and incorporation stages). The key differences between private and public companies are also outlined. In summary, the document covers the essential legal concepts and formation process related to companies under Indian law.
The document discusses different types of companies based on various classifications:
1. Based on incorporation, companies can be registered, chartered, or statutory. Registered companies are formed under the Company Act, while chartered companies are formed by royal charter and statutory companies are established by a special act of parliament.
2. Based on liability, companies can be limited by shares, limited by guarantee, or unlimited. For limited companies, shareholder liability is limited to share capital, while unlimited companies' liability extends to private properties.
3. Based on number of members, companies are either private (restricted transfer of shares and fewer than 50 members) or public (no restriction on share transfers and minimum 7 members).
This document defines shares and share capital. It explains that a share represents ownership in a company and is offered when more capital is needed. There are equity shares, which are ordinary shares, and preference shares, which have priority rights. Share capital refers to the total capital raised through share issues. The document outlines the types of shares such as authorized, issued, subscribed and paid-up shares. It also describes the process of allotment of shares and differences between transferring and transmitting shares.
This ppt. includes brief about the Memorandum of Association (MOA) and Clauses of Regulatory Framework of Companies :-
1.Introduction, meaning and importance of MOA
2.Purpose of MOA and Contents
3 Clauses of MOA well defined and tuned
- An incoming partner is not liable for acts of the firm done before they became a partner, unless they contractually agree to assume liability for past debts.
- An outgoing partner can leave the firm with consent of other partners, by express agreement between partners, or by giving notice if the partnership is at will.
- An outgoing partner remains liable for acts of the firm done before they left, but not after, unless public notice of their departure has not yet been given.
- The rights of an outgoing partner include potentially competing with the firm after leaving, subject to any agreement not to, and potentially sharing in subsequent profits if the business continues using their share of the firm's property.
A contract of indemnity involves one party promising to save another from loss caused by the promisor's own conduct or a third party. Key parties are the indemnifier and indemnified. A contract of guarantee involves promising to perform or discharge a third party's liability in case of default. It includes a principal debtor, creditor, and surety. The surety's liability is co-extensive with the principal debtor unless otherwise specified. A continuing guarantee extends to multiple transactions until revoked, while a specific guarantee involves a single transaction/debt. Rights of the surety include subrogation, indemnity, contribution between co-sureties, and benefit of securities held by the creditor.
The document provides an overview of key concepts in Indian partnership law under the Indian Partnership Act of 1932. It defines a partnership as an agreement between two or more persons to share profits from a business carried on by them. The main types of partnerships covered are partnership at will (indefinite term) and particular partnership (fixed term or venture). Rights and duties of partners as well as ways partnerships can be formed, dissolved, or partners can join/retire are also summarized. Key points include unlimited liability of partners, consent needed for new partners/dissolution, and various contingencies like death or insolvency that can dissolve a partnership.
Rights and duties of agent, Principal and Delegation of authorityRajaKrishnan M
This document discusses the rights and duties of agents and principals under Indian contract law, as well as the concept of delegation of authority. It outlines several key rights of agents, including the right to receive remuneration, retain property, claim compensation, and receive indemnity. It also describes several duties of agents, such as conducting business according to the principal's directions, using skill and diligence, rendering proper accounts, and communicating with the principal. The rights and duties of principals are also summarized, including the duty to indemnify agents and pay remuneration. Delegation of authority is defined as subdividing and allocating powers to subordinates to achieve effective results.
Relations of partners, Authority of partner, Liability of partner,
Rights of partner, Duties of partner, Partner by holding out or estoppel, Minor admitted as a partner, Reconstitution of a firm, Rights of an outgoing partner.
The position of a minor in partnership AND Registration of a firm pptxOsama Yousaf
This document summarizes the position of minors in partnerships and the registration of firms under Pakistani law. It explains that while minors cannot be partners, they are entitled to profits and can inspect accounts. Upon reaching majority, former minors can become active partners or pursue claims. Registration of firms is not required but provides benefits like clearer agreements, tax advantages, and ability to file suits. The process involves submitting partner and location details to the Registrar, who issues a registration certificate.
The doctrine of indoor management says that an outsider contracting with a company can rely on the company's internal authorizations and actions being valid, even if they were not properly or duly authorized according to the company's internal documents. It protects outsiders from a company denying the authority of its own officials. The doctrine is based on the fact that outsiders do not have knowledge of a company's internal operations. Memorandums and articles of association are public documents that provide constructive notice of a company's contents to outsiders, who are presumed to have read and understood them.
The document outlines key aspects of partnership law under the Partnership Act 1932 in India. It defines a partnership, outlines essential elements, and describes types of partnerships. It discusses registration of partnerships, effects of non-registration, and the registration method. It also summarizes rules regarding rights and liabilities of partners, treatment of personal profits, partnership property, implied authority of partners, and reconstitution and dissolution of partnerships.
This document provides an overview of Company Law in India, including the origins and evolution of the Companies Act. It discusses how the first Companies Act was modeled on British law and was later amended after independence. The key highlights are:
- The Companies Act of 1956 was passed based on recommendations to amend the previous legislation. It came into force in April 1956 with 658 sections and 14 schedules.
- The Companies Act of 2013 replaced the 1956 act after 57 years. It has 470 sections and 7 schedules and aims to strengthen shareholder rights and regulation of companies.
- A company is defined as an association formed and registered under the Companies Act, with features like separate legal identity, limited liability, transferable shares,
The document defines a partnership under Indian law as a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The essential elements of a partnership are a contract between two or more persons to carry on business with the objective of sharing profits. There are two main kinds of partnerships - partnership at will which has an indefinite duration, and particular partnership which is formed for a fixed term or venture. A partnership can be dissolved by agreement between partners, by notice from a partner, or upon certain events such as the expiration of a fixed term, completion of an undertaking, death or insolvency of a partner.
The document provides an overview of key aspects of partnership law in India according to the Indian Partnership Act of 1932. Some key points:
- The Act defines a partnership as an agreement between two or more persons to carry on business together and share profits.
- There must be consent, the business must be carried on by the partners, and profits must be shared for a partnership to exist.
- Partnerships can be general, limited, or limited liability. General partners share full liability while limited partners have restricted liability.
- Firms must register with certain details like partner names and addresses. Non-registration limits a firm's ability to file suits.
- Partners have rights like accessing books and
Partnership is an arrangement where parties agree to cooperate to advance their mutual interests. There are several types of partnerships including general partnerships, limited partnerships, and limited liability partnerships. General partnerships have partners who are jointly liable for debts and jointly manage the business. Limited partnerships have both general partners who are liable and limited partners who are only liable up to their investment. Limited liability partnerships provide limited liability for some or all partners. Partnerships can be dissolved by agreement, notice, compulsory events like insolvency, or contingencies like the death of a partner.
The document discusses key concepts around partnerships under Indian law, including:
1. The essential elements of a partnership include an association of two or more persons, an agreement to carry on business together, and a sharing of profits.
2. The rights and duties of partners are outlined, with rights including participation in management, inspection of books, and sharing of profits, and duties including acting for the common advantage and not claiming remuneration.
3. Dissolution of a partnership can occur through compulsory, agreement-based, or court-ordered means, and winding up is the process of settling partnership affairs after dissolution.
This document provides an overview of key concepts from the Indian Partnership Act of 1932. It defines a partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. It outlines the types of partnerships like partnership at will with no duration, particular partnership for a specific venture, and partnership for a fixed term. It also defines classes of partners such as actual, dormant, nominal, and partner by estoppel. The document discusses the formation, dissolution, and relations of partners according to the Act.
The document provides an overview of key aspects of Indian partnership law, including definitions, essential elements, types of partners, duration, dissolution, and rights and duties. Some key points:
- A partnership is defined as the relation between persons who have agreed to share the profits of a business carried on by all or any acting for all.
- Essential elements include agreement, business purpose, profit sharing, mutual agency, restrictions on transfer of partner shares, unlimited liability, and no separate legal entity status.
- Partners include active, sleeping, nominal, and incoming/outgoing types.
- Dissolution can occur through agreement, compulsory events like insolvency, or contingencies like expiration, completion
Companies must hold an annual general meeting every year, with no more than 15 months between meetings. Extraordinary general meetings can be called to discuss urgent matters. Board meetings can be called by the secretary, director, or on the chairman's direction. Meetings must be chaired and have quorum to be valid. Notice must be sent in advance of meetings, and include time, place, agenda, and signature. Resolutions are passed by ordinary majority or 75% majority for special resolutions. Minutes record the discussions and decisions.
The document discusses the roles and responsibilities of company directors under Indian law. It defines a director and outlines their legal position as agents of the company. There are different types of directors such as executive, outside, and independent directors. All directors must obtain a Director Identification Number. Directors can be appointed through various means and removed by shareholders, government, or courts. Their duties include attending meetings, not contracting without board consent, disclosing property transfers, and acting with good faith and without negligence.
The Indian Partnership Act, 1932 was enacted in India in 1932.THE INDIAN PARTNERSHIP ACT’ 1932 Section.4 of the Indian Partnership Act, 1932 defines Partnership in the following terms: “ Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.”
"Section 464 of the Companies Act, 2013 empowers the Center Government to prescribe maximum number of partners in a firm but the number of partners so prescribed cannot be more than 100.The Central Government has prescribed maximum number of partners in a firm to be 50 vide Rule 10 of the Companies (Miscellaneous) Rules,2014.Thus, in effect, a partnership firm cannot have more than 50 members".
General duties of Partners[2]
The Partners shall run the business of the firm to the highest level of common advantage by being true to each other. They have to be accountable to one another and provide complete information of all the aspects of the firm , to any other partner or their legal representatives.
Duty of indemnification
Each partner shall indemnify the firm for any loss that occurred due to a fraud, in the conduct of the business.
The document provides an overview of company law in India, including definitions and key concepts. It discusses the definition of a company, characteristics of companies, types of companies (private/public, by incorporation, liability, control, ownership), and the process of forming a company (promotion and incorporation stages). The key differences between private and public companies are also outlined. In summary, the document covers the essential legal concepts and formation process related to companies under Indian law.
The document discusses different types of companies based on various classifications:
1. Based on incorporation, companies can be registered, chartered, or statutory. Registered companies are formed under the Company Act, while chartered companies are formed by royal charter and statutory companies are established by a special act of parliament.
2. Based on liability, companies can be limited by shares, limited by guarantee, or unlimited. For limited companies, shareholder liability is limited to share capital, while unlimited companies' liability extends to private properties.
3. Based on number of members, companies are either private (restricted transfer of shares and fewer than 50 members) or public (no restriction on share transfers and minimum 7 members).
This document defines shares and share capital. It explains that a share represents ownership in a company and is offered when more capital is needed. There are equity shares, which are ordinary shares, and preference shares, which have priority rights. Share capital refers to the total capital raised through share issues. The document outlines the types of shares such as authorized, issued, subscribed and paid-up shares. It also describes the process of allotment of shares and differences between transferring and transmitting shares.
This ppt. includes brief about the Memorandum of Association (MOA) and Clauses of Regulatory Framework of Companies :-
1.Introduction, meaning and importance of MOA
2.Purpose of MOA and Contents
3 Clauses of MOA well defined and tuned
- An incoming partner is not liable for acts of the firm done before they became a partner, unless they contractually agree to assume liability for past debts.
- An outgoing partner can leave the firm with consent of other partners, by express agreement between partners, or by giving notice if the partnership is at will.
- An outgoing partner remains liable for acts of the firm done before they left, but not after, unless public notice of their departure has not yet been given.
- The rights of an outgoing partner include potentially competing with the firm after leaving, subject to any agreement not to, and potentially sharing in subsequent profits if the business continues using their share of the firm's property.
A contract of indemnity involves one party promising to save another from loss caused by the promisor's own conduct or a third party. Key parties are the indemnifier and indemnified. A contract of guarantee involves promising to perform or discharge a third party's liability in case of default. It includes a principal debtor, creditor, and surety. The surety's liability is co-extensive with the principal debtor unless otherwise specified. A continuing guarantee extends to multiple transactions until revoked, while a specific guarantee involves a single transaction/debt. Rights of the surety include subrogation, indemnity, contribution between co-sureties, and benefit of securities held by the creditor.
The document provides an overview of key concepts in Indian partnership law under the Indian Partnership Act of 1932. It defines a partnership as an agreement between two or more persons to share profits from a business carried on by them. The main types of partnerships covered are partnership at will (indefinite term) and particular partnership (fixed term or venture). Rights and duties of partners as well as ways partnerships can be formed, dissolved, or partners can join/retire are also summarized. Key points include unlimited liability of partners, consent needed for new partners/dissolution, and various contingencies like death or insolvency that can dissolve a partnership.
Rights and duties of agent, Principal and Delegation of authorityRajaKrishnan M
This document discusses the rights and duties of agents and principals under Indian contract law, as well as the concept of delegation of authority. It outlines several key rights of agents, including the right to receive remuneration, retain property, claim compensation, and receive indemnity. It also describes several duties of agents, such as conducting business according to the principal's directions, using skill and diligence, rendering proper accounts, and communicating with the principal. The rights and duties of principals are also summarized, including the duty to indemnify agents and pay remuneration. Delegation of authority is defined as subdividing and allocating powers to subordinates to achieve effective results.
Relations of partners, Authority of partner, Liability of partner,
Rights of partner, Duties of partner, Partner by holding out or estoppel, Minor admitted as a partner, Reconstitution of a firm, Rights of an outgoing partner.
The position of a minor in partnership AND Registration of a firm pptxOsama Yousaf
This document summarizes the position of minors in partnerships and the registration of firms under Pakistani law. It explains that while minors cannot be partners, they are entitled to profits and can inspect accounts. Upon reaching majority, former minors can become active partners or pursue claims. Registration of firms is not required but provides benefits like clearer agreements, tax advantages, and ability to file suits. The process involves submitting partner and location details to the Registrar, who issues a registration certificate.
The doctrine of indoor management says that an outsider contracting with a company can rely on the company's internal authorizations and actions being valid, even if they were not properly or duly authorized according to the company's internal documents. It protects outsiders from a company denying the authority of its own officials. The doctrine is based on the fact that outsiders do not have knowledge of a company's internal operations. Memorandums and articles of association are public documents that provide constructive notice of a company's contents to outsiders, who are presumed to have read and understood them.
The document outlines key aspects of partnership law under the Partnership Act 1932 in India. It defines a partnership, outlines essential elements, and describes types of partnerships. It discusses registration of partnerships, effects of non-registration, and the registration method. It also summarizes rules regarding rights and liabilities of partners, treatment of personal profits, partnership property, implied authority of partners, and reconstitution and dissolution of partnerships.
This document provides an overview of Company Law in India, including the origins and evolution of the Companies Act. It discusses how the first Companies Act was modeled on British law and was later amended after independence. The key highlights are:
- The Companies Act of 1956 was passed based on recommendations to amend the previous legislation. It came into force in April 1956 with 658 sections and 14 schedules.
- The Companies Act of 2013 replaced the 1956 act after 57 years. It has 470 sections and 7 schedules and aims to strengthen shareholder rights and regulation of companies.
- A company is defined as an association formed and registered under the Companies Act, with features like separate legal identity, limited liability, transferable shares,
The document defines a partnership under Indian law as a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The essential elements of a partnership are a contract between two or more persons to carry on business with the objective of sharing profits. There are two main kinds of partnerships - partnership at will which has an indefinite duration, and particular partnership which is formed for a fixed term or venture. A partnership can be dissolved by agreement between partners, by notice from a partner, or upon certain events such as the expiration of a fixed term, completion of an undertaking, death or insolvency of a partner.
The document provides an overview of key aspects of partnership law in India according to the Indian Partnership Act of 1932. Some key points:
- The Act defines a partnership as an agreement between two or more persons to carry on business together and share profits.
- There must be consent, the business must be carried on by the partners, and profits must be shared for a partnership to exist.
- Partnerships can be general, limited, or limited liability. General partners share full liability while limited partners have restricted liability.
- Firms must register with certain details like partner names and addresses. Non-registration limits a firm's ability to file suits.
- Partners have rights like accessing books and
Partnership is an arrangement where parties agree to cooperate to advance their mutual interests. There are several types of partnerships including general partnerships, limited partnerships, and limited liability partnerships. General partnerships have partners who are jointly liable for debts and jointly manage the business. Limited partnerships have both general partners who are liable and limited partners who are only liable up to their investment. Limited liability partnerships provide limited liability for some or all partners. Partnerships can be dissolved by agreement, notice, compulsory events like insolvency, or contingencies like the death of a partner.
The document provides an overview of partnership law in Pakistan according to the Partnership Act of 1932. It defines key terms like partnership, partner, and firm name. It outlines essential elements of a partnership like two or more persons, an agreement to share profits of a business, the business being carried on by all partners, and mutual agency. It also describes types of partners, kinds of partnerships based on duration and business scope, requirements of a partnership deed, implied authority of partners, admission of new partners, borrowing by the firm, and dissolution of a partnership.
The document provides an overview of key concepts from the Indian Partnership Act of 1932. It defines a partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The act specifies that a partnership requires two or more persons, an agreement to share profits, the carrying on of a business, and mutual agency between the partners. It also outlines types of partnerships, essential elements, implied authority of partners, and effects of admissions or notices concerning partnership affairs.
The document discusses key aspects of partnerships under Indian law including the definition of a partnership, essential elements, types of partnerships such as partnership at will and for a fixed term, rights and liabilities of incoming and outgoing partners, different kinds of partners, registration of firms, effects of non-registration, and dissolution of firms through voluntary means or court order.
The document summarizes key aspects of partnership law under the Indian Partnership Act of 1932.
[1] It defines a partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. [2] The essential elements of a partnership include the association of two or more persons, the existence of a contract, carrying on a business, sharing of profits, and mutual agency between the partners. [3] A partnership can be dissolved through compulsory, voluntary, or court-ordered means and the business must then be wound up.
This document provides an overview of partnership law in 3 pages with 5 sections. It defines a partnership as an agreement between 2 or more people to share profits from a business. It outlines the key elements of a partnership including voluntary agreement and sharing of profits. It also describes types of partners, classes of partnerships, consequences of non-registration, rights and liabilities of partners, and grounds for dissolution. The document serves as an introductory guide to some of the main concepts in partnership law.
This document provides an overview of key concepts in Indian partnership law, including:
(1) A partnership is defined as an agreement between two or more persons to carry on business together and share profits.
(2) Registration of a partnership is not required but provides benefits like the ability to file lawsuits. Non-registration has consequences like inability to enforce contract-based rights.
(3) There are different types of partners like dormant partners who don't participate actively and nominal partners who are partners in name only.
The document summarizes key aspects of partnership law in India as outlined in the Indian Partnership Act of 1932. It defines a partnership as an agreement between two or more persons to share profits of a business. It outlines essential elements of a partnership like mutual agency, types of partnerships including partnership at will and for a fixed term, rights and duties of partners, and advantages and disadvantages of a partnership form of business.
Presentation on registration of a partnership firmShatakshiSingh17
Although, in India it is not mandatory to register a partnership firm but the registered partnership firm enjoys certain rights. In this presentation,I have talked about a Partnership firm, effects of its non-registration and procedure of getting a firm registered.
The document discusses key aspects of partnership business including:
1. Definitions of partnership and elements of a partnership business such as a lawful business purpose, business name, association of persons for profit, and contractual relationship between partners.
2. Characteristics of partnership businesses including the agreement, number of persons, profit sharing, and unlimited liability of partners.
3. The different types of partners such as active, sleeping, secret, limited, and nominal partners.
4. Rights and duties of partners, and the liabilities of partners to third parties. Consequences of a non-registered partnership are also summarized.
The document defines partnership and provides details on the Indian Partnership Act of 1932. It discusses key aspects of partnerships according to the act including:
1) The definition of a partnership as an agreement between two or more people to share profits from a business.
2) Key terms like partners, the firm, and firm name.
3) Characteristics of partnerships like the agreement basis, competence of partners, number of partners, presence of a business, sharing of profits, roles of partners, and unlimited liability.
4) Types of partners such as active, sleeping, nominal, and partners by estoppel.
5) Kinds of partnerships including partnership at will and particular partnerships.
6
This document discusses the dissolution of partnership firms under Indian law. It begins with an introduction to the history and provisions of the Indian Partnership Act of 1932. The key points made include:
1) The Partnership Act defines the relationship between partners and provides for dissolution of a firm. Dissolution can occur through agreement of partners, by notice for partnerships at will, compulsory dissolution, or by order of the court.
2) Dissolution of a partnership differs from the retirement or addition of partners - dissolution ends the legal relationship between all partners, while retirement only changes the composition of partners continuing the firm.
3) The modes of dissolution outlined in the Partnership Act include dissolution by agreement, by
(1) A partnership is an agreement between two or more persons to carry on a business and share the profits.
(2) There are three essential elements of a partnership: an agreement to carry on a business together, an agreement to share profits of the business, and the business must be carried on by all or any of the partners.
(3) A partnership differs from a joint stock company in that a partnership does not have a separate legal identity, partners have unlimited liability, and profits must be shared according to the partnership agreement.
Detailed PPT on " Partnership act,1932" with all types,advantages,disadvantages, all important acts and position of Minor 's along with all required diagrams.
The document defines a partnership under Indian law as a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. It outlines the essential elements of a partnership including a contract between two or more persons to carry on business with the objective of sharing profits.
It describes the two main kinds of partnerships - partnership at will which has no fixed term, and particular partnership which is formed for a specific period or venture. Rights of partners, admission and retirement of partners, and dissolution of a partnership are also summarized. Key points around insolvency, death, and expulsion of a partner are provided at a high level.
The document defines a partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. There are two main kinds of partnerships: partnerships at will, which have no fixed term, and particular partnerships, which are formed for a specific period or venture. A partnership is dissolved upon the occurrence of certain events such as the expiry of a fixed term, the completion of an agreed undertaking, the death or insolvency of a partner, or by agreement or notice of the partners.
The document provides information on partnership under Indian law:
- A partnership is formed by an agreement between two or more persons to carry on business together and share profits.
- Key characteristics include unlimited liability, joint ownership of property, and that a partner can bind the firm through their actions.
- Partnerships can be dissolved by agreement, insolvency, court order for issues like breach of contract, or when the business purpose concludes.
- Dissolution of a partnership differs from dissolution of the firm, as the former just changes the relationship between partners while the latter ends the entire firm.
Indian Partnership Act 1932 Provisions, Practical Aspect, Summary for business students, Background & History, Essentials of Partnership, Real Test for Partnership, Types of Partners, Kinds of Partners, Partnership Deed, Contents of Partnership Deed, Advantages of Partnership Firm, Disadvantages of Partnership Firm.
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Changes in vegetation cover refer to variations in the distribution, composition, and overall
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How to Setup Warehouse & Location in Odoo 17 Inventory
Indian partnership act 1932
1. Indian Partnership Act 1932
Presented by:
Vijaya Kasireddy,
18K61E0081,
Sasi Institute of Technology
and Engineering,
Tadepalligudem
2. Indian Partnership Act:
The law of partnership is contained in the Indian Partnership Act,
1932, which came into force on 1st Oct., 1932.
The present Act superseded the earlier law relating to Partnership,
which was contained in Chapter XI (sec 239 to sec 266) of the Indian
Contract Act,1872.
2
3. Meaning of Partnership:
The INDIAN PARTNERSHIP ACT’ 1932 Section.4 of the Indian
Partnership Act, 1932 defines Partnership in the following terms:
“Partnership is the relation between persons who have agreed to share the
profits of a business carried on by all or any of them acting for all.”
3
4. Meaning of Partner, Firm and Firm Name:
-Persons who have entered into partnership with one another are
called individually, “Partners“.
-Collectively formed entity is known as ‘Firm’.
-The name under which their business is carried on is called the
“Firm-name".
4
5. Elements of Partnership:
1.Partnership is an association of two or more than two persons.
2.Partnership must be the result of an agreement between two or
more persons.
3.The agreement must be to carry on some business.
4.The agreement must be share profits of the business.
5.Business must be carried on by all or any of them acting for all.
5
6. Who can become a partner?
Any person who is competent to contract can enter into partnership
agreement.
The position of following persons need special
consideration:
Minor, Alien, Person of unsound mind ,
Company, Firm
6
7. Minor: A minor is not competent to contact, hence he cannot enter into
partnership contact. However he may be admitted to the benefits of
partnership, if all the partners agree to do so.
Alien: An alien enemy cannot be partner in an Indian firm.
Person of unsound mind: A person of unsound mind, not being
competent to contract cannot enter into a partnership contract.
7
8. Company: A company, if authorised by its articles of
association can enter into partnership because it is a person
competent to contract in the eyes of law.
Firm: A firm cannot enter into partnership contract. If a
firm, at all enters into partnership in that case, the members
become partners in the other firm in their individual capacity.
8
9. Criteria Of Partnership :
Any two or more than two persons can join together for creating
Partnership. Section 11 of the Companies Act , 1956 imposes limit
as to maximum number of persons in a partnership for the purpose
of carrying :
· Banking Business – There can be maximum of 10 persons
· Any other purpose – There can be maximum of 20 persons.
9
10. Procedure of Registration
According to the India Partnership Act 1932, there is no time limit as
such for the registration of a firm. The firm can be registered on the
date when it is incorporated or any such date after so. The requisite
fees and fines must be paid. The procedure for such a registration is as
follows,
10
11. Contd.,
1] Application to the Registrar of Firms in the prescribed form
(Form A). Nowadays this facility is even available online. Such an
application must contain certain basic details about the firm such as,
--Name of the Partnership Firm
--Name and address of all partners
--Place of business (address of main and branch offices)
--Duration of the partnership
--Date of joining of partners
--Date of commencement of business
11
12. Contd.,
2] The duly signed copy of the Partnership Deed (which contains
all the terms and conditions) must be filled with the registrar
3] Deposit/pay the necessary fees and stamp duties
4] Once the registrar approves the application, the firm will be
entered into the records. And the registrar will also issue a
certificate of incorporation.
12
13. Real test of partnership
The true test of partnership is the existence of a 'Mutual Agency'
relationship, i.e. the capacity of a partner to bind other partners by his
act done in the firm's name and be bound by the acts of other partners.
Sharing of profits is an essential elements of partnership but it is not a
conclusive proof of partnership. Sharing of profits is Prima Facie evidence.
Thus partnership can be presumed when
a. There is an agreement to share the profits of business and
b. The business is carried on by all or by any of them acting for all.
13
14. The relation among partners cab be ascertained as under:
a. If there is an express contact
The real relation is ascertained from the partnership contract.
b. If there is no express contract
The real relation is ascertained from all the relevant factors such as
contract of parties, books of account, statement of employees etc.
14
15. 1.General duties of a partner
2.To indemnify for fraud
3.To indemnify for willful neglect
4.To attend duties diligently without remuneration
5.To share losses
6.To account for any profit
7.To account and pay for profits of competing for business
15
Duties of a Partner:
16. 1.Right to take part in the
Conduct of the Business
2.Right to be consulted
3.Right of access to books
4.Right to remuneration
5.Right to share profits
6.Interest on capital
7.Interest on advances
8.Right to be indemnified
9.Right to stop the admission of a
new partner
10.Right to retire
11.Right not to be expelled
12.Right of outgoing partner to
carry on a competing business
13.Right of outgoing partner to
share subsequent profits
14.Right to dissolve the firm
16
Rights of a Partner:
17. 1.Active Partner
2.Sleepng Partner
3.Nominal Partners
4.Partner in Profit only
5.Sub Partners
6.Incoming Partners
7.Outgoing Partners
8.Partner by Estopple or holding out
17
Types of Partners:
18. 1. Active or managing partner:
A person who takes active interest in the conduct and management of
the business of the firm is known as active or managing partner.
He carries on business on behalf of the other partners.
2. Sleeping or dormant partner:
A sleeping partner is a partner who ‘sleeps’, that is, he does not take
active part in the management of the business. Such a partner only
contributes to the share capital of the firm, is bound by the activities
of other partners, and shares the profits and losses of the business.
18
19. 3. Nominal or ostensible partner:
A nominal partner is one who does not have any real interest in the
business but lends his name to the firm, without any capital
contributions, and doesn’t share the profits of the business.
4. Partner in profits only:
When a partner agrees with the others that he would only share the
profits of the firm and would not be liable for its losses, he is in
own as partner in profits only.
19
20. 5. Sub Partner
one of the existing partner of firm A is having partnership with other
firm B.
6. Incoming Partner
The new partner who will be joining the partnership firm. It is also
known as a Admission of a partner.
Incoming partner will be introduced into an existing partnership only
with the consent of all partners and he is only liable for the
transactions which were made after he has joined in the firm.
20
21. 7. Outgoing Partner
A partner who is going to leave a particular firm with
purposely or to he/she might be died or expelled by a
firm.
It can be in a from of;
--Retirement of a partner
--Expulsion of a partner
--Insolvency of a partner
--Death of a partner
21
22. 8.Partner by Estoppel or holding out
A partner by estoppel is someone who is not a partner of a firm,
but allows others to think that he is a partner, through his
behaviour or conduct.
A partner by holding out is someone who is not a partner of a
firm, but knowingly allows the firm to project to others that he
is a partner of the firm.
22
23. Dissolution of Partnership
Section 39 of the Indian Partnership Act, provides that “the
dissolution of the partnership between all the partners of a firm is
called the dissolution of a firm.” It implies the complete break down
of the relation of partnership between all the partners.
23
25. 25
(a) Dissolution by Agreement (Section 40):
A partnership firm can be dissolved by an agreement among all the
partners. Section 40 of Indian Partnership Act, 1932 allows the
dissolution of a partnership firm if all the partners agree to dissolve it.
This type of dissolution is known as voluntary dissolution.
(b) Dissolution by Notice (Section 43):
If a partnership is at will, it can be dissolved by any partner giving a
notice to other partners. The notice for dissolution must be in writing.
The dissolution will be effective from the date of the notice, in case no
date is mentioned in the notice, and then it will be dissolved from the
date of receipt of notice.
26. (c) Compulsory Dissolution (Section 41):
A firm may be compulsorily dissolved under the following situations:
(i) Insolvency of Partners:
When all the partners of a firm are declared insolvent or all but one
partner is insolvent, then the firm is compulsorily dissolved.
(ii) Illegal Business:
The activities of the firm may become illegal under the changed
circumstances, then the firm is compulsorily dissolved.
26
27. (d) Contingent Dissolution (Section 42):
In case there is no agreement among partners regarding certain
contingencies, partnership firm will be dissolved on the happening of any
of the situations:
(i) Death of a Partner:
A partnership firm is dissolved on the death of any of the partner.
(ii) Expiry of the Term:
A partnership firm may be for a fixed period. On the expiry of that
period, the firm will be dissolved.
27
28. (iii) Completion of Work:
A partnership concern may be formed to carry out a specified
work. On the completion of that work the firm will be
automatically dissolved.
(iv) Resignation by a Partner:
If a partner does not want to continue in the firm, his
resignation from the concern will dissolve the partnership.
28
29. (e) Dissolution through Court (Section 44):
A partner can apply to the court for dissolution of the firm on
any of these grounds:
(i) Insanity of a Partner:
If a partner goes insane, the partnership firm can be dissolved
on the petition of other partners. The firm is not automatically
dissolved on the insanity of a partner. The court will act only on
the petition of a partner who himself is not insane.
29
30. (ii) Misconduct by the Partner:
When a partner is guilty of misconduct, the other partners can
move the court for dissolution of the firm. The misconduct of a
partner brings bad name to the firm and it adversely affects the
reputation of the concern.
(iii) Incapacity of a Partner:
If a partner other than the suing partner becomes incapable of
performing his duties, then partnership can be dissolved.
30
31. (iv) Breach of Agreement:
When a partner wilfully commits breach of agreement relating to
business, it becomes a ground for getting the firm dissolved.
Under such a situation it becomes difficult to carry on the
business smoothly.
(v) Transfer of Share:
If a partner sells his share to a third party or transfers his share
to another person permanently, other partners can move the
court for dissolving the firm.
31
32. (vi) Regular Losses:
When the firm cannot be carried on profitably, then the firm can be
dissolved. Though there may be losses in every type of business but
if the firm is incurring losses continuously and it is not possible to
run it profitably, then the court can order the dissolution of the
firm.
(vii) Disputes among Partners:
Partnership firm is based on mutual faith. If partners do not trust
each other, then it will not be possible to run the business. When
the partners quarrel with each other, then the very basis of
partnership is lost and it will be better to dissolve it.
32