What are some characteristics/features of a partnership?

A partnership agreement may be oral or written. However, to avoid misunderstandings, the partnership agreement should be in writing. The agreement should identify the partners; their respective business‐related duties and responsibilities; how income will be shared; the criteria for additional investments and withdrawals; and the guidelines for adding partners, the withdrawal of a partner, and liquidation of the partnership. For income tax purposes, the partnership files an information return only. Each partner shares in the net income or loss of the partnership and includes this amount on his/her own tax return.

Business Partnership is vital to survive in the competitive markets. A business partnership built on trust and like mindedness should be formed carefully with following points kept in mind:

1. The partnership must be executed legally. However, the partnership is formed with trust, it is always necessary to enumerate the intention of partnership and all the necessary clauses.
2. Along with the intention of partnership, the clauses on shared goal shall be enumerated without affecting the individual goal.
3. The Role and Responsibilities must be expressed for all the parties into partnership. Ambiguous and undefined roles leave the scope of conflict.
4. Dispute Resolution Strategy should be provided expressly with by selection or manner of selection of arbitrator or the jurisdiction of court.
5. The termination clause should also be provided that in which circumstances termination of contract can be made and the remedies available to surviving party can also be provided.
6. Decide in what manner the decisions will be made and whose decision will prevail in case of dead lock.

These points should be finely put into the agreement for a successful business partnership.

Hello, thank you for your query.

A partnership is an association of two or more persons who agree to carry on a lawful business in common with the object of sharing in partnership. The partners provide the capital and share the responsibility for running the business on an agreed basis.

According to Section 4 of the Indian Partnership Act, 1932, "partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any one of them acting for all".

Characteristics of partnership:

1. Contractual relationship: the partnership results only from a contract between a certain number of persons. An oral contract is sufficient but it is always advised to draft a deed of partnership.

2. Two or more persons: in a partnership, there must be at least two persons. There is no maximum limit of partners in the partnership. 

3. Existence of business the objective of the association of persons must be to do some kind of business. By business, it means all activities concerning production and distribution of goods and services for purpose of earning profits.

4. Extent of liability: each partner has unlimited liability. 

5. Mutual agency: business may be carried on by all partners or one or more acting on behalf of others. 

6. Earning and sharing of profits: agreement to carry on business must be with the objective of making a profit and sharing it among all partners.

7. Implied authority: each partner is an agent able to bind the other for the acts done by him on behalf of others, such as purchases and sales, the borrowing of money, the hiring of employees, etc. 

8. Dissolution: a partnership may be dissolved on the death, lunacy, or insolvency of any one of the partners. 

Hope this solves your query.

PARTNERSHIP

Partnership is an association of two or more persons who pool their financial and managerial resources and agree to carry on a business, and share its profit. The persons who form a partnership are individually known as partners and collectively a firm or partnership firm.

Partnership form of business organisation in India is governed by the Indian Partnership Act, 1932 which defines partnership as “the relation between persons who have agreed to share the profits of the business carried on by all or any of them acting for all”.

CHARACTERISTICS OF PARTNERSHIP FORM OF BUSINESS ORGANISATION

Based on the definition of partnership as given above, the various characteristics of partnership form of business organisation, can be summarized as follows:

(a) Two or More Persons: To form a partnership firm atleast two persons are required. The maximum limit on the number of persons is ten for banking business and 20 for other businesses. If the number exceeds the above limit, the partnership becomes illegal and the relationship among them cannot be called partnership.

(b) Contractual Relationship: Partnership is created by an agreement among the persons who have agreed to join hands. Such persons must be competent to contract. Thus, minors, lunatics and insolvent persons are not eligible to become the partners. However, a minor can be admitted to the benefits of partnership firm i.e., he can have share in the profits without any obligation for losses.

 (c) Sharing Profits and Business: There must be an agreement among the partners to share the profits and losses of the business of the partnership firm. If two or more persons share the income of jointly owned property, it is not regarded as partnership.

(d) Existence of Lawful Business: The business of which the persons have agreed to share the profit must be lawful. Any agreement to indulge in smuggling, black marketing etc. cannot be called partnership business in the eyes of law.

(e)Unlimited Liability: The partners of the firm have unlimited liability. They are jointly as well as individually liable for the debts and obligations of the firms. If the assets of the firm are insufficient to meet the firm’s liabilities, the personal properties of the partners can also be utilised for this purpose. However, the liability of a minor partner is limited to the extent of his share in the profits.

 (g) Voluntary Registration: The registration of partnership firm is not compulsory. But an unregistered firm suffers from some limitations which makes it virtually compulsory to be registered. Following are the limitations of an unregistered firm.

(i) The firm cannot sue outsiders, although the outsiders can sue it.

 (ii) In case of any dispute among the partners, it is not possible to settle the dispute through court of law.

 

MERITS OF PARTNERSHIP FORM OF BUSINESS ORGANISATION

 (a) Easy to Form: A partnership can be formed easily without many legal formalities. Since it is not compulsory to get the firm registered, a simple agreement, either in oral, writing or implied is sufficient to create a partnership firm.

(b) Availability of Larger Resources: Since two or more partners join hands to start partnership firm it may be possible to pool more resources as compared to sole proprietorship form of business organisation.

 (c) Better Decisions: In partnership firm each partner has a right to take part in the management of the business. All major decisions are taken in consultation with and with the consent of all partners. Thus, collective wisdom prevails and there is less scope for reckless and hasty decisions.

(d) Flexibility: The partnership firm is a flexible organisation. At any time the partners can decide to change the size or nature of business or area of its operation after taking the necessary consent of all the partners.

 (e) Sharing of Risks: The losses of the firm are shared by all the partners equally or as per the agreed ratio.

(f) Keen Interest: Since partners share the profit and bear the losses, they take keen interest in the affairs of the business.

 (g) Benefits of Specialization: All partners actively participate in the business as per their specialization and knowledge. In a partnership firm providing legal consultancy to people, one partner may deal with civil cases, one in criminal cases, and another in labor cases and so on as per their area of specialization. Similarly two or more doctors of different specialization may start a clinic in partnership.

(h) Protection of Interest: In partnership form of business organisation, the rights of each partner and his/her interests are fully protected. If a partner is dissatisfied with any decision, he can ask for dissolution of the firm or can withdraw from the partnership.

(i) Secrecy: Business secrets of the firm are only known to the partners. It is not required to disclose any information to the outsiders. It is also not mandatory to publish the annual accounts of the firm.

LIMITATIONS OF PARTNERSHIP FORM OF BUSINESS ORGANISATION

 A partnership firm also suffers from certain limitations. These are as follows:

 (a) Unlimited Liability: The most important drawback of partnership firm is that the liability of the partners is unlimited i.e., the partners are personally liable for the debt and obligations of the firm. In other words, their personal property can also be utilised for payment of firm’s liabilities.

(b) Instability: Every partnership firm has uncertain life. The death, insolvency, incapacity or the retirement of any partner brings the firm to an end. Not only that any dissenting partner can give notice at any time for dissolution of partnership.

(c) Limited Capital: Since the total number of partners cannot exceed 20, the capacity to raise funds remains limited as compared to a joint stock company where there is no limit on the number of shareholders.

 (d) Possibility of Conflicts: You know that in partnership firm every partner has an equal right to participate in the management. Also every partner can place his or her opinion or viewpoint before the management regarding any matter at any time. Because of this, sometimes there is friction and quarrel among the partners. Difference of opinion may give rise to quarrels and lead to dissolution of the firm.

Lastly i would like to conclude with an example-

 

A textile factory is going to be started in the nearby area where Gopal iscarrying on his business. As a businessman, he is now in a jubilant mood. He is thinking that once the textile factory is set up, he will get more customers; the sales will increase and he will earn more profit. But, for all these, he will have to expand his business, and for this he needs more money.

The major problem is how to arrange the additional funds. He has the option of getting loans from the banks. But the fear of loss comes to his mind again and again. He does not want to take that risk. Another option is that he may join hands with some other person. By doing so, more resources can be raised, work can be shared, and business can be run in a better way. The risk of loss will also be shared. But this involves a new form of business organization. This will be known as partnership.

QUESTION: If two defaulting partners accept their mistakes and own up to their responsibility towards the losses how is this to be presented in a Civil court or Consumer Court where petitioners have filed cases for their losses at the hands of these TWO DEFAULTING PARTNERS???

Kindly advise giving case law. Does a Confession by the Two defaulting partners in front of Magistrate  work?