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1.sincere and faithful.2.to abide by the decision

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Chad Rath

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Q: What are the duties of partners in partnership firm?
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Will my Partnership firm have a separate legal identity?

No, a Partnership firm has no separate legal existence of its own i.e., the Partnership firm and the partners are one and the same in the eyes of law. Liability of the Partners is also unlimited, and the partners are said to be jointly and severally liable for the liabilities of the firm. This means that if the assets and property of the firm is insufficient to meet the debts of the firm, the creditors can recover their loans from the personal property of the individual partners.


How many people are required to start a Partnership firm?

A minimum of two Persons is required to start a Partnership firm. A maximum number of 20 Partners are allowed in a Partnership firm.


What are the documents required to start a Partnership firm?

PAN Card for the Partners along with identity and address proof is required. It is recommended to draft a Partnership deed and have it signed by all the Partners in the firm.


How can I transfer my Partnership firm?

There are restrictions on the transfer of ownership interest in a Partnership firm. A Partner cannot transfer his/her interest in the firm to any person (except to the existing partners) without the unanimous consent of all other partners.


How do you register the name of a Partnership firm?

If the Partnership firms are business entity that are owned, managed and controlled by one person. So Partners cannot be inducted into a Partnership firm.


Can a partnership firm give gift to a person through a registered gift deed?

If all the partners agree, then gift can be given by the partnership firm.


How do you open a bank account for a Partnership firm?

To open a bank account for a Partnership firm, a registered Partnership deed along with identity and address proof of the Partners need to be provided.


In general partnership if one partners actions cause the firm losses then?

all of the general partners suffer


Under what circumstances a partnership can come to an end?

Partnership can come to an end by the following reasons. If they mentioned the validity to be a partner in the firm, under the partners mutual willingness to terminate himself from de partnership and if any partner misbehavied in a firm others can revoke that partner from the firm


What constitutes a partnership?

A firm is strictly not a person; It is an association of persons and the agreement by which a firm purports to enter into a partnership with an individual or another firm merely makes the partners of that firm individual partners of the larger partnership. A firm as such cannot enter into an agreement as a partner with another firm or individuals. Therefore, when one partnership enters into a partnership agreement with another partnership firm, the partnership is in fact between all the partners of both the firms. The Supreme Court has observed that a partnership agreement creates and defines the relation of partnership and, therefore, identifies the firm. if that conclusion is correct, it is only a further step to hold that each partnership agreement may constitute a distinct and separate partnership and, therefore, a distinct and separate firm. That is not to say that a firm is a corporate entity or enjoys a juristic personality in that sense. The firm name is only a collective name for the individual partners and each partnership is a distinct relationship. The partners may be different and yet the nature of the business may be the same, the business may be different and yet the partnership may be the same. And agreement between partners to carry on a business and to share its profits may be followed by a separate agreement between the same partners to carry on another business and share the profits therein. The intention may be to constitute two separate partnerships and two distinct firms or to extend merely the partnership originally constituted to carry on one business or to carrying on another business. It will depend on the intention of the partners. The intention of the partners will have to be decided with reference to the terms of the agreement and all the surrounding circum- stances including evidence as to interlacing or interlocking of management, finance or other incidentals of the respective businesses. In other words, the same partners can form two different partnerships. The Supreme Court has held that the word 'person' in section 4 of the Partnership Act contemplates only natural or artificial or legal person and a firm is not a person and as such not entitled to enter into a partnership with another firm or H. U. F. or individual. In this view of the matter there can arise no question of registration of a partnership purporting to be between three parties viz. a firm, a H.U.F. and an individual as a firm.


Meaning of partnership firm?

Partnership is "The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all". Hence the persons who form the partnership are called 'partners' individually and a 'Firm' collectively


What are the duties and rights of the partners?

Rights and Duties of the Partners of the Firm Mutual trust and cordiality are the heart of smooth functioning of the partnership firm. Acts of the partner bind the firm and all partners of the firm to the outside world: Rights of the Partners 1.Right to take part in the conduct of management of the firm. 2.Right of being consulted and chance of expression of opinion in the conduct of the business. Decisions are taken on the basis of the vote of the majority. However for the following acts the decisions needs to be taken on unanimous basis: a) Change in the nature of the business. b) Change in the place of business. c) Incase of any particular item if the partnership deed provides that decision needs to be taken on unanimous basis. d) Admission or expulsion of partner (subject to as provided in deed). 3.Right to have access to books of accounts of the firm. 4.Right to share profits of the firm as per the partnership deed, and if the deed is silent in this regard, to share profits equally. 5.Right to have interest on capital deployed for the firm. 6.Right to receive remuneration for conduct of management of the firm. 7.Right to receive interest on temporary advances made to the firm. 8.Right to be indemnified for any acts done in an ordinary course of business for the best interests of the firm. Duties of the Partners 1. Absolute Duties Following are the absolute duties of partners: a) Duty to act in good faith in the conduct of partnership. b) Duty to carry on business in true and commercial prudence for the advantage of all the partners. c) Duty to account for true account for other partners. d) Duty to indemnify firm for any loss caused to the firm on account of fraud done by a partner to any third party. e) Duty to provide true and correct information with regard to transactions of the firm to all the other partners of the firm. f) Every partner of the firm is jointly and severally liable for all the liabilities concerning the firm. A creditor of the firm can proceed against the firm or any partner of the firm to enforce his right. g) No partner can transfer his interest or assign his interest without the permission of other partners of the firm. 2. Qualified Duties Following are the implied duties on the part of partners of the firm unless any contrary is proved: a) Duty to act diligently with care and prudent means in the conduct of business. b) Duty to share losses of the firm. c) Duty to use firm's property exclusively for the best interest of the firm's business. d) Duty to indemnify to the firm any loss caused to the firm on account of willful neglect on part of the partner. e) Not to account for the secret profits at the expense of the firm. f) Not to start any business of competing nature.