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CA Foundation Exam June 2023 » CA Foundation Study Material » Business Laws » INDIAN PARTNERSHIP ACT OF 1932
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INDIAN PARTNERSHIP ACT OF 1932

What is the Partnership Act of 1932? And will learn the importance of the partnership act and the classification of types of partners.

Table of Content
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The Indian Partnership Act, 1932 is the law that governs partnerships in India. 

The Indian Partnership Act, 1932 defines a partnership as a “relationship between persons carrying on a business in common with a view to profit.” 

A partnership is an association of two or more persons carrying on a business enterprise for profit. It has no legal personality and can be made up by many natural or juristic persons. 

The term “partnership” includes many associations, such as joint-stock companies and limited liability partnerships. 

The Indian Partnership Act, 1932 under certain types of partnerships not governed by this law. They include: 

– A society formed for religious purposes; 

– A society formed for charitable purposes 

– A registered society formed for industrial purposes; 

– An association of co-operative societies and 

– An association registered under any other law is recognised as an association of co-operative societies. 

The Act applies to many partnerships, whether or not they are formed for profit. It has been amended many times over the years and it has been translated into different languages such as Hindi, Tamil, Telugu, Kannada and Gujarati. 

The Indian Partnership Act was enacted in 1932 to regulate partnerships in India. The law governs partnerships between individuals and business entities. It applies to many associations, including those formed for profit or not and includes translations into different languages such as Hindi, Tamil, Telugu, Kannada and Gujarati. 

The Indian Partnership Act, 1932 provides the legal framework for partnership in India. 

The Indian Partnership Act, 1932 has been amended several times since its introduction in 1933. The most recent amendment was made in 2016 and is effective from April 1, 2017. 

Rules:

1) The general partners must be limited companies or other entities registered under state law. 

2) The maximum number of partners allowed is capped at 50. 

3) There is no minimum capital required by partners and partners decide mutually how much capital to be raised.

The Indian Partnership Act, 1932 was passed to regulate partnerships in India. It was passed by the British Parliament and amended several times since then. 

The law provides partnership acts divided into active and sleeping partners. Active partners have invested or contributed to the partnership business, whereas sleeping partners have made no such contribution. The law also provides for the rights of a sleeping partner if they become an active partner after the formation of a partnership agreement. 

ACTIVE AND SLEEPING PARTNERS:

Active partners can unilaterally dissolve the partnership agreement as agreed and with giving notice within a reasonable period as per the provisions, circulars, rules etc. In case of dissolution, both the active and sleeping partner receive their share of profits/losses as per their contributions to the business. 

NOMINAL PARTNER:

this is a term used to describe a partnership in which one or more partners are not liable for any debts or obligations. And it is also used when a partner does not have any interest in the assets of the partnership. 

ESTOPPEL PARTNER:

An estoppel is a legal term used to describe an act or event that causes a person to be prevented from denying or contradicting what they have previously said or done. The partnership agreement should state the partners’ rights and responsibilities and the division of profits among them. 

PARTNER IN PROFITS ONLY: 

The Indian Partnership Act, 1932 is a landmark law that the British parliament passed. This law made it possible for the British to form partnerships with Indians in India. The Act also ensured that these partnerships could only be included if they were limited to profit-sharing and not any other forms of partnership like limited liability or joint ownership. 

In India, when a minor has property or shares as part of their partnership, they are considered minors for all legal purposes. 

The Indian Partnership Act is one of the most important laws in India because it prevents minors from being exploited by adults who have more responsibilities than them.

CONCLUSION.

This Act was enacted to provide a legal framework to regulate India’s formation and dissolution and partnerships. It can explain the guidelines of the partnership’s capital, duties, liabilities and ownership rights. The law also provides that any partnership formed under this Act may be converted into another form of the business entity if it is not doing business for three years after its formation.

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When did the Indian partnership act come into existence? And write its importance?

Ans:The Indian partnership act came into existence in 1932 in India. The Indian Partnership Act, 1932, is a law that regulates the formation of par...Read full

What rules are followed by partners that are given in the Indian partnership act?

Ans:Since its establishment in 1933, the Indian Partnership Act of 1932 has been revised several times. The most recent change was made in this act...Read full

Ans:The Indian partnership act came into existence in 1932 in India. The Indian Partnership Act, 1932, is a law that regulates the formation of partnerships in India. The law specifies how partners are to be selected and the rights and liabilities of each partner.

Ans:Since its establishment in 1933, the Indian Partnership Act of 1932 has been revised several times. The most recent change was made in this act was in 2016 and it took effect on April 1, 2017.

1) The general partners must be limited liability companies or other legal entities registered under the laws of any state.

2) The maximum number of partners is limited to thirty.

 

3) A general partner’s minimum capital requirement is Rs 10 lakhs, which must be provided to the company as a fixed deposit.

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