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 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.
Introduction to Business Law - Dr.R.Jolly Rosalind Silvasilvajolly
Contract Act,1872 in Business Law - What is Business? what is Law? Need to study.- why Students need to Study Business Law- Career options in Business Law- Business Law in Daily life.
Underlying principles governing relationship between partnersIntan Muhammad
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Contents are listed in the 1st page
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
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.
Introduction to Business Law - Dr.R.Jolly Rosalind Silvasilvajolly
Contract Act,1872 in Business Law - What is Business? what is Law? Need to study.- why Students need to Study Business Law- Career options in Business Law- Business Law in Daily life.
Underlying principles governing relationship between partnersIntan Muhammad
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Contents are listed in the 1st page
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
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.
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.
Detailed PPT on " Partnership act,1932" with all types,advantages,disadvantages, all important acts and position of Minor 's along with all required diagrams.
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
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Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
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While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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2. INTRODUCTION
The law of partnership is contained in the Partnership
Act, 1932, which came into force on 1st October, 1932
A contract of partnership is a special contract. Where
the partnership act is silent on any point, the general
principles of the law of contract apply (Section 3)
3. Meaning and Definition of “Partnership”
Section 4 Para 1 of the of the partnership Act 1932,
defines partnership as:
“ 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”.
Thus, partnership is the name of legal relationship
between or among persons who have entered into a
contract.
4. Meaning of ‘Partner’ ‘Firm’ and ‘Firm Name’
Section 4 of Partnership Act, 1932 provides that:
Persons who have agreed into partnership with one
another are called individually ‘PARTNERS’ and
collectively ‘FIRM’ and the name under which their
business is carried on is called the ‘FIRM NAME’
“Partnership is thus Invisibility which binds the
partners together and firm is the visible form of
those partners who are thus bound together”.
5. Maximum Limit on Number of Partners
Section 11 Companies Act provides that the maximum no.
of persons, a firm can have:
In case of partnership firm carrying on a banking business 10
In case of partnership firm carrying on any other business 20
If the number of partners exceeds the aforesaid
limit, the partnership firm becomes an illegal
association.
6. Two or more
persons
An agreement
Sharing of profit
Business
Mutual agency
Essential elements of Partnership
7. Real test of partnership [Sec. 6]
The true test of partnership is the existence of ‘Mutual Agency’
relationship, i.e. the capacity of a partner to bind other partners by
his acts done in firm’s name and be bound by the acts of other
partners.
Sharing of profit is an essential element of partnership but it is not a
conclusive proof of partnership.
Sharing of profit 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.
8. Types of PARTNERS
Actual partner
Sleeping partner
Nominal partner(does not contribute any capital;but
lends his name and credit to the firm)
Sub-partner
Partner in profits only
Minor as a partner
9. Kinds of Partnership
Partnership
at Will
Particular
Partnership
On the Basis of Duration On the Basis to the extent
of the business
Partnership for a
fixed period
General
partnership
10. Kinds of Partnership
Partnership at will :- According to SECTION-7 of the act, it is a partnership
when:-
1. No fixed period has been agreed upon for the duration of the partnership and
2. There is no provisions made as to the determination of the partnership.
Partnership for a fixed period :- Where a provision is made by a contract
for the duration of the partnership, the partnership is called ‘partnership for a
fixed period’.
Particular partnership :- a partnership may be organized for the prosecution
of a single adventure as well as the conduct of a continuous business.
General partnership :- where a partnership is constituted with respect to
the business in general, it is called a general partnership.
11. Partnership deed
A partnership is formed by an agreement. This agreement may
be in writing or oral. though the law does not expressly require
that the partnership agreement should be in writing, it is
desirable to have it in writing in order to avoid any dispute
with regard to the terms of the partnership. The document
which contains the term of a partnership as agreed among the
partners is called “partnership deed”.
The partnership Deed is to be duly stamped as per the
Pakistani Stamp Act, and duly signed by all the partners.
Contd.
12. Contents of partnership Deed
A partnership deed may contain any matter relating to the regulation of
partnership but all provisions in the deed should be within the limits of
Indian Partnership Act, 1932. However, A Partnership Deed should contain
the following clause:-
Nature of business
Duration of partnership
Name of the firm
Capital
Share of partners in profits and losses
Bank Account firm
Books of account
Powers of partners
Retirement and expulsion of partners
Death of partner
Dissolution of firm
Settlement of disputes
13. Implied Authority Of Partners
The word implied authority denotes the authority to
bind the firm which arises by implication of law from
the fact of partnership. With the presence of implied
authority, a partner binds the firm with any of his act
done in connection with the business.
Section 18 lays down that every partners is an agent of
the firm for the purpose of the business of the firm, a
partner is both a principal and an agent.
Every partner embraces the character both of principal
and agent. But A partner is agent only for the business
of the firm.
14. Operation of Partnership Account
Section 19(1) and 22 defines the scope of implied authority of a
partners .
Section 19(1) lays down that subjects to provisions of sections
22,the acts of a partner which is done to carry on in the usual
way business of the kind carried on by firm binds the firm.
Acts within implied authority
Every partner within the scope of his implied authority may bind the firm
by the following acts
1. He may sell goods of the firm, but he cannot sell the immovable property of
the firm without the consent of other partners.
2. He may purchase such goods on the credit of the firm as are necessary for
carrying on the business of the firm.
3. He may engage servants to perform the business of the firm.
4. He can receive payments of the debts due to the firm. But in the case of non
trading a partner cannot issue a post dated cheque.
15. Operation of Partnership Account
All Account opening related documents should be sign
by all the Partners.
Both registered and unregistered partner ship deed are
acceptable for opening of account.
Bank should also obtain the letter from the firm in
which all the partner in their personal capacity
undertake that they are jointly and severally assume
the liability of the firm.
Clear instruction should be obtain regarding the
operation of account like issuance of cheque, indorsing
of bills ect.
However act of any partner is binding for whole firm.
stop payment of cheque can be done by any partner
and it is banker’s duty to comply accordingly.
16. Extension and restriction of partners implied
authority
Section 20 lays down that the implied authority of any
partners may be extended or restricted by an agreement
between all partners
Section 21 provides that a partners has authority in an
emergency to do all such acts for the purpose of
protecting the firm from loss, as would be done by a
persons of ordinary prudence in his own case, under
similar circumstance .
17. Admission of New Partner
In case of admission of new partner the operation
of account should not be stopped but written
consent of all the existing partners should be taken
by the Banker which cover future operation in
account
If the account running in credit balance there is no
problem in operating of account.
If the account running in debt then according to
sec 31 new partner is not liable to pay old debts
unless express agreement to do so.
If new partner not agreed to accept the debit
balance of old partners then operation of account
should be stopped by the banker
18. Admission of New Partner
Other wise the account will be subject to the rule in
CLAYTON’S CASE.
According to this rule all the future credits will be reduce the
old debts and all the fresh withdrawals will be the liability of
new firm.
New partner will have to sign his agreement to retention of
security held by the banker as collateral.
Effects of notice to acting partners (Section 24)
Notice to one partners relating to the business of the
firm ,operating as notice to the firm . The partners to whom
such notice is given must be acting in the business at that
time. so a notice to a dormant or sleeping partners would not
operate as a notice to the firm.
19. BORROWING BY FIRM
A Partner in partnership has a implied authority to
borrow for the firm and it is binding for all the
partners but banker should not rely on this implied
authority he rather obtain signatures of all the
partner on legal document before landing.
In case of mortgage all the partner should execute
the mortgage deed because one partner don’t have
the implied authority to bind all the partners in
this case.
According to sec19 if one partner sign a legal
mortgage it treated as equitable mortgage.
20. Dissolution of partnership
Expiry of term
Completion of adventure
Death of Partner
Insolvency of partner
Insanity of partner
Retirement of partner
In capability of partner
By court of law
21. Retirement of a partner
As a general rule of partnership the retirement of partner
change the constitution of firm and remaining partners
cant run the firm unless expressly agreed.
According to sec 32 retiring partner liable for firm
present debt till the time of notice of retirement unless
expressly agreed.
In case of credit balance in account banker should not
stopped the operation presuming that remaining partner
carry on the business for winding up
in case of account is over drawn operation immediately
stopped to determine the liability otherwise rule of
Clayton case will operate.
Banker retain or realized the retiring partner personnel
security if any to meet the firm’s debts.
22. Insolvency of a partner
Sec 34 of contract act 1872 provided that a partnership is
dissolved as soon as one partner declare insolvent. Unless
expressly agreed.
In case of credit balance in account banker should not stopped
the operation presuming that remaining partner carry on the
business for winding up but they are accountable official
assignee for the shear of insolvent partner.
Banker should obtain the undertaking for this purpose
Banker should not pay the cheques signed by insolvent partner.
without written approval of solvent partners.
in case of account is over drawn operation immediately stopped
to determine the liability otherwise rule of Clayton case will
operate.
Banker retain or realized the retiring partner personnel security
if any to meet the firm’s debts.
23. Death of Partner
As a general rule of partnership the Death of partner change
the constitution of firm and remaining partners cant run the
firm.
Legal heirs of deceased cant act on his behalf but they are
entitle to receive deceased shear in the firm
In case of credit balance in account banker should not stopped
the operation presuming that remaining partner carry on the
business for winding up.
Surviving partner accountable for deceased shear in firm to
their legal hiers.banker should obtain the undertaking in this
regard.
in case of account is over drawn operation immediately
stopped to determine the liability of deceased partner
otherwise rule of Clayton case will operate.
Banker entitle retain or realized the deceased partner
personnel security if any to meet the firm’s debts.