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Define secret partner in a partnership firm with explanation?
This type of partner contributes capital and takes active part in the management of the firm's business.He shares in the profits and losses of firm and his liability is unlimited.However, his connection with his firm is not known to the outside world.
Need of valuation of goodwill?
NEED FOR VALUATION OF GOODWILL There is a need for the valuation of Goodwill of the Firm in the following cases: 1) If there is a change in the profit sharing ratio of the firm; 2) In case of admission of a new partner; 3) In case of retirement or death of an old partner; 4) In case of Sale / amalgamation of the firm.
What is the difference in a partner and a principal of a firm?
The difference in a partner and principal of a firm is huge. A partner is an equal and a principle is the boss.
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
Can a partner property is a joint Hindu family firm property?
yes because firm is not a legal entity in the name of firm partner earn money n they get purchase property in the name of partner.
What is partner by holding out?
To understand Partner by Holding out , first we need to understand difference between Partner by estoppel and Partner by holding out :Partner by estoppel -If a person falsely represents himself as a partner of any firm or behaves in a way that somebody can have an impression that such person is a partnerand on the basis of this impression transacts with that firm then that person is heldliable to the third party. The person who falsely represents himself as a partner isknown as partner by estoppel. Take an example. Suppose in Ram Hari & Co firmthere are two partners. One is Ram, the other is Hari. If Giri- an outsider representshimself as a partner of Ram Hari & Co and transacts with Madhu then Giri will be heldliable for any loss arising to Madhu. Here Giri is partner by estoppel.Partner by holding out -In the above example, if either Ram or Hari declares that Gopal is a partner of their firm and knowing this declaration Gopal remains silent thenGopal will be liable to those parties who suffer losses by transacting with Ram Hari &Co with a belief that Gopal is a partner of that firm. Here Gopal is liable to those parties who suffer losses and Gopal will be known as partner by holding out.
What is difference between associates and partner?
A partner is more senior to an associate. An associate is the grade below partner and basically an employee who is on the career path to becoming a partner at some point. There are different kinds of partner too. A salaried partner is a senior member of the firm. An equity partner owns a share in the firm.
Why should a firm hedge?
A firm may hedge to reduce any substantial losses.
What is the difference between dissolution of partnership and dissolution of firm?
Dissolution of a Partnership firm* Dissolution of a partnership means:-The act of ending of the old Partnershipagreement and a reconstruction of the firm due to admission, retirement and death of a partner. It may or may not close the business.* Dissolution of a Partnership 'firm' means:-The firm close its business then the assets of the firm are sold and liabilities are paid off and remaining amount is distributed among the partners.*Cases of Dissolution of Partnership :-1. In case of change in profit-sharing ratio of the exiting partners.2. In case of admission of a new partner.3. In case of retirement of a partner.4. In case of expulsion of a partner.5. In case of death of a partner.6. In case of insolvency of a partner.7. In case of expiry of the period of partnership.*Cases of Dissolution of Partnership firm:-*Without the intervention of the court:1. When all partners agree to dissolve the firm.[sec.40]2. Compulsory Dissolution [sec.41]· When all or one partner of the firm becomes insolvent.· When business of the firm becomes unlawful.3. On the happening of any incidents:[sec.42]· Insolvency of a partner.· Fulfilment of the object for which the firm was formed.· Expiry of the period.4. When any partner giving notice to other partners can dissolve the firm.[sec.43 ]· By order of the court [sec.44]: cases in which the court may order the dissolution of the partnership firm.1. A partner has become of unsound mind.2. When a partner unable to perform his duties as a partner.3. When a partner is guilty of misconduct.4. When a partner wilfully, commits violation of law of partnership agreement.5. When a partner has transferred the whole of his interest in the firm to a third party.6. The firm cannot be carried on except at a loss.7. The dissolution is just and equitable due to some other reasons.*Difference between Dissolution of Partnership and Dissolution of firm:-s.no.Dissolution of partnershipDissolution of firmI.Change in the exiting agreement between the partners.Dissolution of partnership between all the partners of the firm.II.The firm continues its business.The firm dose not continue its business.III.Books of accounts may not be closed.Books of accounts have to be closed.IV.Dissolution of partnership dose not mean the dissolution of firm.Dissolution of firm means the dissolution of partnership also.V.It is voluntary nature.It is voluntary and compulsory nature.
What is the doctrine of holding out?
if a person falsely represents himself or permits to represent himself as a partner of the firm falsely then he will be holding out to be responsible for all the losses which the third person has suffersd due believing on such false impression.
What do you mean by garner vs Murray rule?
Garner v/s Murray is a rule that was passed by justice of the court. According to this rule, if the partner or partners are insolvent to pay their liabilities, it is paid by other partners in their capital sharing ratio
Can a partner freeze the bank accounts of a partnership firm?
yes
