Advantages and Disadvantages of Partnership Firm

Introduction

The Indian Partnership Act of 1932 specifies the legal requirements for forming a partnership firm in the country. Specifically, this Act establishes the rights and obligations of the partners amongst themselves, as well as other legal relationships between partners and third parties that arise as a result of the creation of a partnership. As a result, the Act establishes the position of a partner, as well as the position of a partnership firm, in legal and contractual relationships arising out of and in the course of the activity of a partnership firm, with respect to third parties. In this essay, we will go over the many aspects of running a partnership firm in India in greater detail than we have previously.

Characteristics of Partnership Firm

1. One of the most important factors to consider is the number of partners. A bare minimum of two people is necessary to form a partnership firm, with a maximum of ten in the banking industry and twenty in all other types of businesses.
2. In a contractual relationship, the partners are bound by the terms of a formal agreement known as a partnership deed, which is signed by all the partners.
3. Registration on a voluntary basis: The registration of a partnership firm is not required. Due to the fact that registration provides a variety of benefits to the company, it is highly recommended.
4. Competence of the Partners: Each partner must possess the necessary knowledge and skills to enter into the partnership agreement. The partner should not be a minor (although minors may be allowed to the partnership merely for the benefits of the partnership in rare situations), a lunatic, or insolvent.
5. Profit and Loss Sharing: In a partnership firm, all earnings and losses are divided equally among the partners in any ratio that has been agreed upon. If it is not provided, they divide it equally among themselves.
6. A partnership firm’s liability is limitless, which means that all of its partners are equally liable. They are equally and severally accountable for the debts and losses incurred by the company.

7. Legal Standing: A partnership firm does not have a legal status that is distinct from that of its partners.
8. Transfer of Stake: No partner has the authority to transfer his or her interest in the company to anyone else without the permission of the other partners.
9. Relationship between a principal and an agent: This relationship is founded on mutual trust and faith among the partners in the interests of the firm. The business of the firm may be conducted by all of the partners or by any one of them acting on behalf of all of them. The rule of thumb is that when working on behalf of other partners, a partner is considered an agent; when working on behalf of himself, a partner is considered the principle.

Advantages of Partnership Firm

1. Simple formation: In the event of a partnership firm, registration is not required. It can be founded without the need for any legal formalities or expenditures. As a result, they are easy and cost-effective to construct and run.
2. More resources: When compared to a sole proprietorship, a partnership firm has more resources for business operations because of the greater number of members.
3. Operational flexibility: Because of the restricted number of partners, there is greater flexibility in the operations of the firm, as the partners can alter any aims or change any operations at any moment with the approval of the other partners.
4. Improved Management: The business of a partnership firm is extremely well managed by all of the partners, who are actively involved in the day-to-day operations of the company as a result of their ownership, profit, and control.
5. Risk-sharing: In a partnership, each member is responsible for his or her own risks because it is less complicated than operating as a sole proprietorship.
6. In a partnership, the interests of each partner are safeguarded against any fraud that may occur.

Disadvantages of Partnership Firm

1. A partnership firm does not exist for an endless period of time due to the fact that it is inherently unstable. The death, insolvency, or insanity of one of the partners may result in the dissolution of the partnership.
2. Every partner in a partnership firm is subject to unlimited liability, as any of the partners may be required to pay all of the debts incurred by the partnership firm, including those incurred through the use of personal property. A single poor judgement made by one partner might result in significant losses and obligations for the other partners.
3. A lack of harmony: According to the partnership agreement, each partner has the same rights as the other. When one or both partners do not agree on something, it is possible that mistrust and disharmony will develop between them. 
4. Limited Capital: In addition, because of the restriction on the maximum number of members, a restricted amount of capital can be raised.
5. Limited Liability:  In contrast to a Joint Stock Company, a partnership firm does not have a legal status of its own.
6. Transferring ownership in a partnership firm is a complicated process. Transferring ownership of a business requires the consent of all of the partners.

Dissolution of Partnership Firm

It is possible to dissolve or terminate a partnership firm during the process of dissolving or terminating a partnership firm. It is referred to as the dissolution of the firm when the relationship between all of the partners of the firm is severed. Firms that dissolve their partnership cease to exist when they are no longer a partnership. This process entails the discarding and disposing of all of the assets of the company, as well as the settlement of accounts, assets, and liabilities, among other things.

As we all know, the current relationship between the partners changes as a result of the dissolution of a partnership firm. The company, on the other hand, continues its operations. It is possible to dissolve a partnership in one of the ways listed below.

• A change in the existing profit-sharing ratio is being considered
• Acceptance of a new business partner
• The retirement of an existing partner is a significant event
• In the event of the death of an existing partner
• Insolvency of a partner as a result of his inability to enter into contracts
• As a result, he is no longer eligible to be a partner in the company
• It is possible that the partnership was created particularly for the accomplishment of a certain undertaking in this situation; nevertheless, this is unlikely
• When the time period for which the partnership was formed has expired, the partnership will be terminated

The Dissolution of the Partnership Firm is defined in Section 39 of the Indian Partnership Act 1932 as the dissolution of a partnership firm among all of the partners of the partnership firm. The dissolution of a partnership firm brings the organisation to an end and brings it into existence.

Following this, the partnership firm will be unable to enter into any transactions with anybody else. Its sole option is to sell the assets in order to recover the money, settle the liabilities of the company, and discharge the claims of the partners.

The dissolution of a corporation, on the other hand, may occur either without or with the participation of a court. Here, it is important to highlight that the dissolution of a partnership does not inevitably result in the dissolution of the corporation.

A partnership, on the other hand, is never dissolved unless it also results in the dissolution of the firm.

Conclusion

If you’re considering forming a business partnership as a means of expanding your company’s reach, you should carefully analyse the advantages and downsides of doing so.

Perhaps you’ve contemplated forming a business partnership to assist in the growth of your company or to meet the needs of your current business operations. If you’re considering forming a business partnership, becoming familiar with the advantages and downsides of doing so is an essential first step. There may be some beneficial insights into the advantages and downsides of a partnership provided by the following considerations.