Distinguish between the following: Actual, Active or Ostensible partner and Sleeping or Dormant partner.
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2023
Distinguish between the following: Actual, Active or Ostensible partner and Sleeping or Dormant partner.
Answer & Explanation:
Actual, Active or Ostensible Partner are the ordinary types of partners who invest money into the business of the firm, actively participate in the functioning and management of the business and share its profits or losses. Section 12(a) of the Partnership Act lays down that "Subject to contract between the partners, every partner is entitled to take part in the conduct of the business of the firm". Such partner as actively participates in the firm's business, binds himself and other partners by all his acts done in the usual course of partnership business. Such partner must give a public notice of his retirement from the firm in order to absolve (free) himself from liability for the acts of the other partners done after his retirement. Sleeping or Dormant Partners invest money in the firm's business and take their share of profits but do not participate in the functioning and management of the business. But even then, their liability is unlimited. The Act specially provides that if an act is binding on the firm, every partner is liable for it. A sleeping partner can retire from the firm without giving any public notice to this effect. His liability for the acts of the firm ceases soon after retirement. Such partner has no duties to perform but is entitled to have access to books and accounts of the firm and he can have a copy of them.
Topics: Indian Partnership Act, 1932
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