Differentiate between Partnership Agreement and Trust Deed.
CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · December 2024
Differentiate between Partnership Agreement and Trust Deed.
Answer & Explanation:
Sl. No. Partnership Agreement Trust Deed 1. Partners, as mentioned in the deed runs the Partnership Firm. The procedure to admit a partner in the firm is mentioned in the Deed. Trustees are generally appointed or elected. The Procedure to elect/appoint the trustees is set out in Deed. 2. A partnership Deed can be between two or more persons. The Maximum no. of partners in a partnership firm can be 50 partners. Three parties must be involved with any deed of trust. 3. The Deed may mention a fixed term of partnership or for a specific undertaking or may mention the condition of dissolution by notice of intention to dissolve, if mutually agreed by the partners. A Trust deed can provide for trust to be wound up within certain number of years. 4. The Deed states the rights and duties of the Partners. Partners owe a fiduciary duty to each other, based on loyalty, trust and confidence. The Trust Deed states the rights and duties of the Trustees as well as Beneficiaries. Trustees have fiduciary duties to beneficiaries. 5. Expectations of Partners are more limited to the financial success of business ventures. More easily measured. Expectations of trustees can be high-difficult to satisfy beneficiaries with so many choices on where to spend income.
Topics: Partnership Act; Indian Trust Act
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