What is Partnership? Partnership –Deed

What is Partnership?

According to section 4 of the Partnership Act of 1932,”It can be defined as the relation between two or more persons who have agreed to share the profits of a business run by all or any one of them acting for all”. This definition superseded the previous definition given in section 239 of Indian Contract Act 1872 as – “Partnership is the relation which subsists between persons who have agreed to combine their property, labor, skill in some business, and to share the profits thereof between them”. The 1932 definition added the concept of mutual agency.

Meaning and Definition of Partnership

According to J.L. Hauson___” A partnership is a form of business in which two or more persons upto a maximum of twenty join together to undertake some form of business activity.

According to Kimball___” A partnership or firm as it is often called is, then a group of men who have joined capital or services for the prosecuting of some enterprise”.

Partnership

Advantages

  • More chance to procure more capital for the business
  • There is more chance have borrowing capacity
  • There is opportunity for income splitting, an advantage of particular importance due to resultant tax savings.
  • There is a wider pool of knowledge and skills
  • It’s easy to change your legal structure later if circumstances change.
  • Easy Formation.
  • More cooperation.

Disadvantages

  • Lack of prompt and united management.
  • Risk from dishonest co-partners.
  • Uncertain life.
  • Unlimited liability.
  • Lesser public confidence.
  • Liability after retirement.

Partnership –Deed

A partnership-deed is a written legal document to avoid unnecessary misunderstanding, harassment and unpleasantness among the partners in the event of any dispute. For mutual benefit, the registration of Deed of Partnership is made under the Indian Registration Act, 1908 so as to avoid apprehension of the Deed of partnership being destroyed or mutilated in the possession of the partners. A deed is required to be made out and registered under the Indian movable property Act together with other movable properties involved. An instrument of partnership may be constituted by more than one document.

Contents of a Partnership deed

  • The name of the firm
  • Names and addresses of the partners
  • Nature of business
  • Date of commencement
  • Duration/Period
  • The amount of capital to be brought in by each partner
  • The amount of drawings that may be permitted in anticipation of profits and the manner of withdrawal.