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A partnership agreement can be entered into between
persons who are competent to contract. Every person who is of the
age of majority according to the law to which he is subject and
who is of sound mind and is not disqualified from contracting by
any law to which he is subject can enter into a partnership.
The following can enter into a partnership
INDIVIDUAL
FIRM
HINDU UNDIVIDED FAMILY
COMPANY
TRUSTEES
INDIVIDUAL:An individual, who
is competent to contract, can become a partner in the partnership
firm. If there are more than two partners in a firm, an individual
can be a partner in his individual capacity as well as in a
representative capacity as Karta of the Hindu undivided family.
FIRM: A partnership firm is not a person
and therefore a firm can not enter into partnership with any
firm or individual. But a partner of the partnership firm can
enter into partnership with other persons and he can share the
profits of the said firm with his other co-partners of the parent
firm.
HINDU UNDIVIDED FAMILY: A Karta of the
Hindu undivided family can become a partner in a partnership
in his individual capacity, provided the member has contributed
his self acquired or personal skill and labour.
COMPANY: A company is a juristic person
and therefore can become a partner in a partnership firm, if
it is authorised to do so by its objects.
TRUSTEES: Trustees of private religious
trust, family trust and trustees of Hindu mutts or other religious
endowments are juristic persons and can therefore enter into
partnership, unless their constitution or objects forbid.
NUMBER OF PARTNERS
The number of partners in a firm shall not exceed
20 and a partnership having more than 20 persons is illegal. When
there is partnership between two firms, all the partners of each
firm will be taken into account. If the partnership is between the
karta or member of Hindu undivided family the members of the joint
Hindu family will not be taken into account.
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