Partnership

Contents

CHAPTER I

Preliminary

1. Short title, extent and commencement.

2. Definitions.

3. Application of provisions of Act 9 of 1872.

CHAPTER II

The Nature of Partnership

4. Definition of "partnership", "partner", "firm" and "firm-name".

5. Partnership not created by status.

6. Mode of determining existence of partnership.

7. Partnership at will.

8. Particular partnership.

CHAPTER III

Relations of Partners to one another

9. General duties of partners.

10. Duty to indemnify for loss caused by fraud.

11. Determination of rights and duties of partners by contract between the partners.

12. The conduct of the business.

13. Mutual rights and liabilities.

14. The property of the firm.

15. Application of the property of the firm.

16. Personal profits earned by partners.

17. Rights and duties of partners.

(a) after a change in the firm

(b) after the expiry of the term of the firm, and

(c) where additional undertakings are carried out

CHAPTER IV

Relations of Partners to Third Parties

18. Partner to be agent of the firm.

19. Implied authority of partner as agent of the firm.

20. Extension and restriction of partner's implied authority.

21. Partner's authority in an emergency.

22. Mode of doing act to bind firm.

23. Effect of admissions by a partner.

24. Effect of notice to acting partner.

25. Liability of a partner for acts of the firm.

26. Liability of the firm for wrongful acts of a partner.

27. Liability of firm for misapplication by partners.

28. Holding out.

29. Rights of transferee of a partner's interest.

30. Minors admitted to the benefits of partnership.

CHAPTER V

Incoming and outgoing partners

31. Introduction of a partner.

32. Retirement of a partner.

33. Explusion of a partner.

34. Insolvency of a partner.

35. Liability of estate of deceased partner.

36. Rights of outgoing partner to carry on competing business.

37. Right of outgoing partner in certain cases to share subsequent profits.

38. Revocation of continuing guarantee by change in firm.

CHAPTER VI

Dissolution of a firm

39. Dissolution of a firm.

40. Dissolution by agreement.

41. Compulsory dissolution.

42. Dissolution on the happening of certain contingencies.

43. Dissolution, by notice, of partnership-at-will.

44. Dissolution by the Court.

45. Liability for acts of partners done after dissolution.

46. Right of partners to have business wound up after dissolution.

47. Continuing authority of partners for purposes of winding up.

48. Mode of settlement of accounts between partners.

49. Payment of firm debts and of separate debts.

50. Personal profits earned after dissolution.

51. Return of premium on premature dissolution.

52. Rights where partnership contract is rescinded for fraud or misrepresentation.

53. Right to restrain from use of firm-name or firm-property.

54. Agreements in restraint of trade.

55. Sale of goodwill after dissolution.

CHAPTER VII

Registration of Firms

56. Power to exempt from application of this Chapter.

57. Appointment of Registrars.

58. Application for registration.

59. Registration.

60. Recording of alterations in firm-name and principal place of business.

61. Noting of closing and opening of branches.

62. Noting of changes in names and addresses of partners.

63. Recording of changes in, and dissolution of, a firm.

64. Rectification of mistakes.

65. Amendment of Register by order of Court.

66. Inspection of Register and filed documents.

67. Grant of copies.

68. Rules of evidence.

69. Effect of non-registration.

70. Penalty for furnishing false particulars.

71. Power to make rules.

CHAPTER VIII

Supplemental

72. Mode of giving public notice.

73. (Repeals).

74. Savings.

SCHEDULE I

SCHEDULE II

tax -planning

In

partnership

at a glance

1. Introducing Tax Planning for Firms and Partners

2. Statutory Obligations and Necessary Precautions for Tax Planning

3. Tax Planning for Partnership Firms and Partners

4. Tax Planning for Special Deductions

Model Draft Deeds of Partnership

Form

1. Simple deed of partnership between two persons to start new business

2. Simple deed of partnership between two persons with all usual clauses

3. Deed of partnership between three persons

4. Deed of partnership at will

5. Deed of partnership between two persons establishing new business

6. Deed of partnership to induct a new partner in existing partnership

7. Deed of partnership between two persons where business carried on by one of them to be taken over

8. Partnership deed between three persons

9. Partnership deed between two persons

10. Partnership deed between three persons

11. Deed of partnership between two businessmen

12. Deed of partnership between three persons (General Form)

13. Deed of partnership where a minor is admitted to the benefits of partnership

14. Deed of partnership wherein two minors are admitted to the benefits of partnership

15. Partnership deed for three parties one of whom is a minor on whose behalf his guardian has entered into the partnership

16. Partnership deed for two partners (General Form)

17. Deed of partnership for carrying on foodgrains and oilseeds business

18. Deed of reconstitution of partnership to run a dal mill

19. Deed of partnership for manufacturers

20. Deed of partnership for several persons

21. Deed of partnership to run business of light machines

22. Deed of partnership at will admitting minor to its benefits and guardian of minor agreeing to contribute capital and partners entitled to carry on other business

23. Deed of partnership conferring benefits of partnership on minor

24. Partnership deed to reduce into writing oral partnership already entered into

25. Deed of partnership of solicitors

26. Deed of partnership between two medical men

27. Deed of partnership between a father and a son to whom he gives a share in business

28. Agreement upon admission into partnership of a new partner who contributes additional capital

29. Partnership deed to convert sole proprietary business into partnership

30. Deed of partnership between members of HUF for starting a new business on partial partition

31. Deed of extension of term of partnership (With modification of provision)

32. Rectification deed

33. Simple deed of dissolution

34. Deed of dissolution with details

35. Deed of dissolution with stipulations of public notice and winding up of affairs

36. Deed of dissolution as to one partner the other taking over his assets and liabilities

37. Deed of dissolution on retirement of one partner

Notices under Partnership Act, 1932

Appendix 1

The Indian Partnership (Fees) Rules, 1932

Appendix 2

The Andhra Pradesh Partnership (Registration of Firms) Rules, 1957

Appendix 3

The Assam Partnership Rules, 1933

Appendix 4

The Bengal Partnership Rules, 1933

Appendix 5

The Bihar and Orissa Partnership Rules, 1933

Appendix 6

The Bombay Partnership Rules, 1932

Appendix 7

The Delhi Partnership (Registration of Firms) Rules, 1972

Appendix 8

The Gujarat Partnership Rules, 1932

Appendix 9

The Haryana Partnership Rules, 1932

Appendix 10

The Himachal Pradesh Partnership Rules, 1932

Appendix 11

The Jammu and Kashmir State Partnership

Appendix 12

The Jammu And Kashmir Partnership (Fees) Rules, 1996 (Samvat)

Appendix 13

The Jammu and Kashmir Partnership (Registration of Firms) Rules, 1996 (Samvat)

Appendix 14

The Karnataka Partnership (Registration of Firms) Rules, 1954

Appendix 15

The Kerala Partnership (Registration of Firms) Rules, 1959

Appendix 16

The Madhya Pradesh Partnership Rules, 1951

Appendix 17

Maharashtra Partnership Rules, 1989

Appendix 18

The Orissa Partnership Rules, 1943

Appendix 19

The Punjab Partnership (Registration of Firms) Rules, 1932

Appendix 20

The Rajasthan Partnership Rules, 1952

Appendix 21

The Tamil Nadu Partnership (Registration of Firms) Rules, 1951

Appendix 22

The Uttar Pradesh Indian Partnership Rules, 1933

Appendix 23

Report of the Special Committee

Appendix 24

Report of the Select Committee

Appendix 25

Repealed sections of the Indian Contract Act, 1872, relating to partnerships

Appendix 26

The (U. K.) Partnership Act, 1890