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The limitations of sole proprietorship form of organistation led to the formation of another form of organization known
aspartnership.
Definition:- In
is
formed
and
managed
by
1932.
Section 4 of Partnership Act defines partnership as the relation between persons who have agreed to share profits of
a business carried on by all or any of them acting for all.
The
At
least
3.
4.
relation
2
There
The
be
must
be
Every
can
Consensus
10.
some
to
and
be
i.e.
relation
on
earn
profits
and
mutual
or
agent
consent
of
is
is
other
on
between
of
share
of
among
partners.
applies.
is
unlimited.
partners
basis
during
for
all
transfer
contribution
business.
agency
the
required
contract.
of partnership firm.
undertaking
confidence
principal
the
the formation
liability
Restriction
No
for
of
trust
partner
based
required
Partners
Mutual
is
are
Law
7.
11.
persons
objective
6.
9.
partners
must
5.
8.
of
capital
of partnership.
the course
of
important
decisions.
of
and
share
business.
share.
of
profits.
of Partnership:-
Formation
of partnership is
Flexibility
in
easy
as
the
it
does
not
operations
involve
too
of
many
the
legal
formalities.
business.
3.
Registration
of partnership form
4.
All
decisions
major
5.
are
Sharing
6.
of
organisation
taken
mutual
of
Unlimited
not
trust,
as
results
helps
of
liability
compulsory
which
risk
Relation
7.
by
is
in
in
in
better
case
of
company.
decision
in formation
effort
helps
the
making.
of capital.
and
more
reward.
credit
worthiness.
8. It protects the interest of minority as mutual consent i.e. consensus is required to take all the major decisions.
9. Easy to maintain secrecy as partnership firm is not under an obligation to disclose its annual accounts.
10. No legal formalities for dissolution.
Limitations:1.
Unlimited
2.
liability
increases
Limited
the
risk;
resources
this
hinders
for
the growth
of
business.
generating
capital.
3. No perpetual succession i.e. sudden death or retirement of any one of the partners dissolves the partnership.
4.
Lack
of
good
5.
faith
and
confidence
No
6.
among
partners
transfer
Burden
of
causes
great limitations.
of
law
shares.
of
agency.
For
service
industry:-
Accounting,
2.
Medical,
Legal,
Transportation,
Medium
Warehousing
etc.
enterprises.
3. For distribution.
Types
of Partnership:-
1. General Partnership:- In this type of partnership, partners are with unlimited liabilities. It can be further divided
into
two
types:
(a) Partnership at Will:- Mutual trust, faith and confidence among partners are the key for the existence of this type
ofpartnership.
(b) Particular Partnership:- It is formed for a fixed duration or for specific tasks and it dissolves automatically as
soon as the fixed time lapses or the specific task is achieved.
2. Limited Partnership:- This type of partnership has been introduced in US, England and in other European
countries. All the partners in this type of partnership have limited liability except one partner.
Category: Business, Business & Finance, Business Law