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Legal & Regulatory Aspects of Banking

 

Unit � 49 : Definition, Meaning and Nature Of Partnership

 

Partnership is 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.

 

Persons, who have entered into partnership with one another are called individually 'partners' and collectively a 'firm' and the name under which their business is carried on is called the firm's name.

 

The contract between the partners may be oral or written.

 

The partnership must be formed to carry on some lawful business.

The business must be carried on to earn and share the profits and returns of the business.

There must be a mutual relation of 'agency' between the partners.

 

TYPES OF PARTNERSHIP

 

1. Partnership at will

 

Where no provision is made by a contract between the partners for the duration of their partnership or for the determination (i.e. the termination or end) of the partnership � the partnership is known as 'partnership at will'

 

2. Partnership for a fixed period

 

When two or more persons enter into a partnership agreement for a fixed period of time, it is known as a partnership for a fixed term

 

3. Particular partnership

 

Such partnership is entered into, for completing a particular job or assignment taken up by two or more persons jointly and to share the profits arising there from.

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