Explain the following: Who can be a partner as per Partnership Act, 1932?
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2023
Explain the following: Who can be a partner as per Partnership Act, 1932?
Answer & Explanation:
The word "person" in Section 4 of the Indian Partnership Act, 1932 contemplated only natural and legal persons (Duli Chand v. C.I.T., AIR, 1956 SC 354). Partnership relation is one of contractual nature. Therefore, such persons who are competent to contract can enter into partnership. A firm or a Hindu Undivided Family is not a legal person and cannot enter into partnership with any person. When the Karta of a Joint Hindu Family enters into a partnership with strangers the other members of the family do not ipso facto become partners (Firm Bhagat Ram v. Comm. of Excess Profits Tax, AIR 1956 SC 374). A minor cannot be a partner in a firm but, with the consent of all the partners, he can be admitted to the benefits of partnership. He is entitled to share in the profits and his share is liable for the acts of the firm, but he is not personally liable. He cannot be made liable for the losses of the firm. Within six months of attaining majority or obtaining knowledge of his admission, whichever is later, the minor may elect to become or not to become a partner in the firm. Two partnership firms cannot enter into partnership as such but its partners can certainly form a new partnership. A body corporate can be a partner in the firm, provided the relevant clause in this regard is entered in the Memorandum of Association (MOA) and Articles of Association (AOA) of the Company. As such while considering applications for registration of firms with bodies corporate as partners under the Indian Partnership Act, 1932, the State Government should examine the applications before them and find out whether the memorandum and articles of association of the applicant incorporated companies contain any special clause which authorised the incorporated companies to enter into partnership.
Topics: Partnership Law
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