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partnership nature and meaning

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 asked

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

establish a lawful business house of their choice with the idea of earning profits. However, in any business enterprise the possibility of its incurring loss cannot be ruled out. Therefore, all partners of a firm mutually agree to share all profits and losses of the business amongst them according to their predetermined shares/proportions fixed by them in the partnership agreement.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

(a) an agreement entered into by all persons concerned; (b) distribution of the profits of business; and (c) management of the business by all or any one or more of them acting for all, i.e., mutual agency. Out of these three, the third element, i.e., the element of mutual agency, is most essential and it distinguishes partnership from other type of contractual relationship between the parties. If this element is absent the partnership fails. One partner is not only an agent of the firm but also of the other partners and, if so, can bind another which falls within the scope of partnership subject to limitation under Section 20 of the Act. A partnership is distinguishable from associations e.g., clubs, societies, co-operative bodies and incorporated companies.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

Hello friend , The Indian Partnership Act defines partnership as the relationship between persons who have agreed to share the profits or loses of a business carried on by all or any of them acting for all .such persons are individually known as partners and they do business in the name of their firm .Generally ,partners agree among themselves as regards terms and conditions on which the business of the firm will be carried on but often they carry on business on the basis of a verbal agreement.

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Data?1494421730 answered

Dear Friend > Partnership nature and meaning Partnership Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any one of them acting for all. Partnership is the name of legal relationship between or among persons who have entered into a contract. http://image.slidesharecdn.com/indianpartnershipact1932-1-100523124848-phpapp02/95/indian-partnership-act-1932-4-728.jpg?cb=1274620344

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

**PARTNERSHIP NATURE AND MEANING** Partnership is an association of two or more like minded persons formed with a common objective to establish a lawful business house of their choice with the idea of earning profits. However, in any business enterprise the possibility of its incurring loss cannot be ruled out. Therefore, all partners of a firm mutually agree to share all profits and losses of the business amongst them according to their predetermined shares/proportions fixed by them in the partnership agreement. Partnership is defined in Section 4 of the Partnership Act, 1932 as a relation between persons who have agreed to share profits of business carried on by all or any one of them acting for all. Partnership requires three elements – (a) an agreement entered into by all persons concerned; (b) distribution of the profits of business; and (c) management of the business by all or any one or more of them acting for all, i.e., mutual agency. Out of these three, the third element, i.e., the element of mutual agency, is most essential and it distinguishes partnership from other type of contractual relationship between the parties. If this element is absent the partnership fails. One partner is not only an agent of the firm but also of the other partners and, if so, can bind another which falls within the scope of partnership subject to limitation under Section 20 of the Act. A partnership is distinguishable from associations e.g., clubs, societies, co-operative bodies and incorporated companies. The real intention and conduct of the parties appearing from the (a) written agreement, or (b) verbal agreement together with surrounding circumstances are the tests of partnership [Cox v. Hickman (1860) 8 HLC 268]. Persons who have entered into partnership with one another are called individually partners and collectively a firm, and the name under which their business is carried on is called the firm name (Section 4 of the Indian Partnership Act, 1932). A partnership agreement usually makes provisions for the duration of the partnership or for its determination. Where no such provision is made the partnership is “partnership at will”. Thanks

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