The main features of partnership are given below:
There must be agreement between the parties concerned. This is the most important characteristics of partnership. Without agreement partnership cannot be formed. "No agreement no partnership." But only competent persons are entitled to make a contract.
There are some provisions contained in the partnership agreement. These are determined clearly before the commencement of business. But it differs from business to business. This documents may be written or oral. But it must be written so that disputes may be settled according to the provisions of agreement.
2. Number of Partnership
There should be more than one person to form a partnership. But there is restriction for the maximum number of partners. In case of ordinary business, the partners must not exceed 20 and in case of banking must not exceed 10 (before nationalization).
The object of the formation of partnership is to carryon any type of business. It may be manufacturing or merchandise type small or large scale business. But it should not be illegal business in the country concerned.
4. Profit motive
The basic motive of the formation of partnership is to earn profit. This profit is distributed among the partners according to agreed proportion. If there is loss it will be sustained by all partners except the minor.
5. Conduct of Business
The business of partnership is conducated by all the partners or any or them acting for all. But each partner is allowed to participate in the management by law.
It has no separate entity apart from its members. It is not independent of the partners. Law has not granted it any legal entity.
7. Unlimited liability
This is the prominent feature of partnership that the liability of each partner is not limited to the amount invested but his private property is also liable to pay the business obligations.
Each partner contributes his share in the capital according to the agreement. Some persons become partners without investing any capital to the business. But they devote their time, energy and ability to their business instead of capital and receive profit.
9. Transferability of share
There is restriction to transfer the share from one partner to another person without the consent of existing partners. So the investment in the partnership remains confined into few hands.
One partner is an agent as well as principal to other partner. He can bind the other person by his act. In the position of an agent he can make contract with another person or parties on behalf of his concerned firm.
11. Mutual Confidence
The business of the partnership cannot be conducted successfully without the element of mutual confidence and cooperation of partners. So the members must have trust and confidence in each other.
12. Free Operation
There are no strict rules and regulations to control the partnership activities in our country i.e. no restriction for the audit of accounts, submission of various reports and other copies to any government authority. So this organization may operate freely without any interference.
- Introduction to WAREHOUSE
- TYPES OF WAREHOUSES
- Statement in lieu of prospectus
- GROUNDS FOR ISSUING A SUPERVISION ORDER
- WINDING UP UNDER THE SUPERVISION OF THE COURT
- VOLUNTARY WINDING UP IS SUB-DIVIDED INTO
- The circumstances of such winding up are described...
- COMPULSORY WINDING UP BY THE COURT
- Writing as a Skill
- Speaking in Business
- Joint Stock Company
- DESTINCTION BETWEEN CO-OWNERSHIP AND PARTNERSHIP
- Kinds of Partners
- CHARACTERISTICS OF PARTNERSHIP
- ▼ September (15)