Partnership Act
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Questions and Answers

What are the general duties of partners according to the Partnership Act, 1932?

The general duties of partners include acting in good faith, providing true accounts and full information of all things affecting the firm to other partners, and not competing with the firm.

How does the Partnership Act, 1932 define 'partnership' and 'partner'?

The Act defines 'partnership' as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all, and 'partner' as an individual who is a member of the partnership.

What is the mode of determining the existence of a partnership as per the Partnership Act, 1932?

The existence of a partnership is determined by whether a person is carrying on a business with a view of profit-sharing, as per the Act.

According to the Partnership Act, 1932, what are the rights and duties of partners after a change in the firm?

<p>After a change in the firm, partners have the right to continue in the partnership business or to wind it up, while their duties include the obligation to not carry on any competing business.</p> Signup and view all the answers

What is the implied authority of a partner as an agent of the firm under the Partnership Act, 1932?

<p>The implied authority of a partner as an agent of the firm includes the authority to bind the firm by making contracts or agreements in the ordinary course of the firm's business.</p> Signup and view all the answers

What is the mode of determining the existence of a partnership under the Partnership Act, 1932?

<p>By contract</p> Signup and view all the answers

What are the general duties of partners as per the Partnership Act, 1932?

<p>To conduct the business</p> Signup and view all the answers

What is the implied authority of a partner as an agent of the firm under the Partnership Act, 1932?

<p>Partner to be agent of the firm</p> Signup and view all the answers

Under the Partnership Act, 1932, what is the application of the property of the firm?

<p>To apply the property of the firm</p> Signup and view all the answers

What are the rights and duties of partners after a change in the firm according to the Partnership Act, 1932?

<p>Determination of rights and duties of partners by contract</p> Signup and view all the answers

Study Notes

Partnership Act, 1932

Definition of Partnership and Partner

  • Partnership is defined as the relation between persons who have agreed to share profits of a business carried on by all or any of them acting for all.
  • A partner is a person who has agreed to share the profits of a business carried on by all or any of them acting for all.

Determining Existence of a Partnership

  • The existence of a partnership is determined by the agreement between the parties, and the sharing of profits is a prima facie evidence of a partnership.
  • The Partnership Act, 1932, does not require any formal registration or documentation to establish a partnership.

General Duties of Partners

  • Partners have a duty to carry on the business of the firm to the greatest common advantage.
  • Partners have a duty to be just and faithful to each other.
  • Partners have a duty to provide true accounts and full information of all things affecting the firm to any partner or his legal representative.

Rights and Duties of Partners after a Change in the Firm

  • After a change in the firm, such as the admission of a new partner, retirement of a partner, or the death of a partner, the rights and duties of the partners remain the same unless agreed upon otherwise.
  • The continuing partners have a duty to account to the outgoing partner or his legal representative for all profits and transactions up to the date of the change.

Implied Authority of a Partner as an Agent of the Firm

  • A partner is an agent of the firm and has the implied authority to bind the firm in all matters related to the business of the firm.
  • The implied authority of a partner includes the power to buy and sell goods, to borrow money, and to enter into contracts on behalf of the firm.

Application of the Property of the Firm

  • The property of the firm is applied firstly in payment of the firm's debts and liabilities, and then in the payment of the partner's advances, and finally, the residue is divided among the partners according to their shares.

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Test your knowledge of the Partnership Act, 1932 with this quiz. Explore the contents, sections, definitions, and key particulars of the act through a series of questions. Ideal for law students, professionals, and anyone interested in partnership laws.

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