What is a partnership? What are its chief characteristics? Explain.
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According to Section 4 of the Partnership Act 1932, a partnership is defined as “An agreement between two or more persons who have mutually agreed to share profits or losses that will be carried by all or any one of them acting for all”. The individuals who set up the business jointly are called partners, and all the partners collectively are known as the firm.
The following are the important characteristics of a partnership firm:
1. Number of Partners: The minimum number of persons to form a partnership is 2, and the maximum is 50 as per the Companies Rules Act, 2014. Any more than the specified limit makes the partnership illegal.
2. Partnership Deed: A partnership deed is a necessary document that contains all the terms of the partnership and the details about the contribution of each partner towards the firm. It should be in written format as it helps in resolving disputes between partners and acts as evidence at times of legal procedures.
3. Business: One of the important characteristics of business is that it is formed in order to do legal business. So any kind of business that is deemed illegal makes the partnership illegal.
4. Profit/Loss Sharing: Partners are supposed to take profit and loss as per the ratio that was agreed at the time of partnership.
5. Liability: When the firm has unlimited liability, the partners of the firm need to pay from the personal asset if the firm is unable to pay to any concerned third party.
6. Mutual Agency: The firm is an agency and all the partners are its agents. Every partner is an agent and binds other partners by their act, while at the same time is bound by other partners’ actions.