Kinds of Partnership

There are different kinds of partnerships based on various aspects. These are:

A. With Regard to the Duration

1. Partnership at Will: A partnership will be considered as a Partnership at Will when two things shall be proved; i.e.,

  • No fixed period has been agreed.
  • No provision has been made for the determination of the partnership.

In case when a partnership entered was for a fixed term, but is continued even after the expiry of such term, the same shall be treated as a Partnership at Will. A Partnership at Will may be dissolved by any of the partners by giving notice in writing to all the other partners showing his intention to dissolve the firm.

2. Partnership for a Fixed Period: When the partnership has been created for a specific duration, it is called a Partnership for a Fixed Period. A Partnership for a Fixed Period comes to an end on the expiry of the fixed period.

B. With Regard to the Extent of Business

1. Particular Partnership: In some cases, the partnership may be organized for the execution of a single adventure as well as for the conduct of a continuous business. When a person enters as a partner with another person in any particular adventure or undertaking, the partnership is known as a Particular Partnership.

2. General Partnership: When a partnership is constituted concerning the business in general, it is treated as a General Partnership. A General Partnership is different from a Particular Partnership in the sense that in a Particular Partnership, the liability of the partners extends only to that particular adventure or undertaking; however, this is not the case of a General Partnership.

Indian Partnership Act, 1932: Meaning, Essential Requirements and Kinds

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What is a Partnership?

Before the enactment of the Indian Partnership Act, 1932 the arena of partnership law was covered under the ambit of the Indian Contract Act, 1872. However, due to rapid growth and development in trade and commerce and growing industrialization, a separate law on partnership was the need of the hour....

Essential Requirements of a Partnership Act, 1932

The definition of Partnership lays down five essential elements which are as follows:...

Kinds of Partnership

There are different kinds of partnerships based on various aspects. These are:...

Rights of the Partner

1. Right to take part in the Conduct of the Firm’s Business: Section 12(a) of the Indian Partnership Act, 1932 provides that every partner in a firm has the right to be involved in the conduct of the business of the firm. All partners have the right to manage the business of the firm....

Dissolution of a Firm

Dissolving a partnership firm means discontinuing the business under the current name of the partnership firm. In this case, all liabilities are settled by selling off assets or transferring them to a partner’s accounts. Also, all the accounts are settled at the time of dissolution that existed in the partnership firm. Any profit or loss is transferred to partners in their profit-sharing ratio as mentioned in the partnership deed. Dissolving a partnership firm is different from dissolving a partnership in the sense that in the dissolution of the firm, the firm ends its name and hence cannot do business in the future as it has ceased to exist. But in case of dissolving a partnership, the existing partnership is dissolved by consent or on the happening of a certain event, but the firm can retain its name and existence if the remaining partners enter into a new partnership agreement. A firm may be dissolved in the following ways:...

Conclusion

Partnership is a widely popular arrangement of business in India. Indian Partnership Act 1932 governs the partnerships in India. It is defined in Section 4 of the Indian Partnership Act, 1932 as, “Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any one of them acting for all.” The existence of a Mutual Agency is the true test of a partnership. In the absence of mutual agency, a business arrangement can’t be called a partnership. Indian Partnership Act, 1932 has specified the rights and duties of the partners and also how a partnership can be dissolved. The court can also order the dissolution of firms if they are registered with the registrar of firms. A partnership can only be formed when the subject matter of the partnership is undergoing business activity and sharing the profits out of that business in the profit-sharing ratio as may be agreed in the partnership deed....

Indian Partnership Act, 1932- FAQs

What is a Partnership?...