2. who have agreed 3. to share the profits 4. of a business 5. carried on by all or any one of them acting for all. 6. The No. of partners in a firm shall not exceed 20 7. partnership having more than 20 persons is illegal 8. . When there is partnership between two firms, all the partners of each firm will be taken into account. If the partnership is between the karta or member of Hindu undivided family the members of the joint Hindu family will not be taken into account
Advantages Advantages of partnership firms: Partnerships are not difficult to form. All partners are owners and therefore there is a share in the profits. All partners have the right and freedom to manage the business. There are few legal restrictions. The organization is easy to dissolve. Partners are taxed individually and not as a business. Essentials elaborated A. 1. Agreement 2. competent to contract. 3. the age of majority 4. sound mind 5. and is not disqualified from contracting by any law to which he is subject B 1. The following can enter into a partnership 2. INDIVIDUAL 3. FIRM 4. HINDU UNDIVIDED FAMILY 5. COMPANY 6. TRUSTEES
Need of partnership A partnership is usually formed to combine capital, labour and varied specialised skill or abilities. A person may posses exceptional business ability but no capital so he can have a financing partner. A financier may need a managerial expert as well as a technical expert and all of them may combine to set up a business with common ownership and management under a voluntary agreement such a business taking the name of partnership. Firm: owners of the partnership business are individually called partners and collectively called a firm. The firm name : the name under which the business is carried on is known as firm name. The firm name has no separate legal status like the name of a company and it cannot create any individuality or distinct legal existence. However it has a goodwill and it is usually continued for a long time even if partners may have changed Features of partnership 1) Presence of business : a partnership is a form of business unit (industry or commerce). 2) Agreement: it is created by mutual consent and voluntary agreement .there must be an oral or written agreement to form a partnership(partnership in a joint hindu family firm determined by birth and status. 3) sharing of profit:(sharing of profit merely point out the probability of partnership and it cannot act as the real test of partnership. 4)Dual role of principal and agent: 5) team spirit 6) minimum and maximum member(2 &20) 7)unlimited liability( he is jointly and also individually liable for the payment of all debts of the firm up to the last rupee in his pocket. 8)No free transfer of share 9)No legal status. Disadvantage
Limitation on capital and organizing power Absence of separate legal status and stable life Dangers of unlimited liability Non transferable partnership share No public confidence