Formation of partnership firm

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Querist : Anonymous

Querist : Anonymous (Querist)

19 May 2014 SIR,
CAN A H.U.F BE A PARTNER IN A PARTNERSHIP FIRM ?

Sandeep Dharar

Sandeep Dharar (Expert)
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19 May 2014 Yes HUF can b a partner.

Querist : Anonymous

Querist : Anonymous (Querist)

23 May 2014 SIR
THE BANK AUTHORITIES ARE NOT OPENING BANK ACCOUNT STATING THAT HUF CAN NOT BE PARTNER IN A PARTNERSHIP FIRM

Querist : Anonymous

Querist : Anonymous (Querist)

23 May 2014 SIR
THE BANK AUTHORITIES ARE NOT OPENING BANK ACCOUNT STATING THAT HUF CAN NOT BE PARTNER IN A PARTNERSHIP FIRM

Querist : Anonymous

Querist : Anonymous (Querist)

23 May 2014 SIR
THE BANK AUTHORITIES ARE NOT OPENING BANK ACCOUNT STATING THAT HUF CAN NOT BE PARTNER IN A PARTNERSHIP FIRM

Querist : Anonymous

Querist : Anonymous (Querist)

23 May 2014 SIR
THE BANK AUTHORITIES ARE NOT OPENING BANK ACCOUNT STATING THAT HUF CAN NOT BE PARTNER IN A PARTNERSHIP FIRM

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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25 July 2024 Yes, a Hindu Undivided Family (HUF) can indeed be a partner in a partnership firm under Indian law. There is no restriction that prohibits an HUF from becoming a partner in a partnership firm. However, there are certain considerations and procedures that need to be followed:

1. **Nature of Partnership:** In a partnership firm, partners can include individuals, other partnership firms, or even certain entities like HUFs. Each partner contributes to the firm and shares in its profits and losses according to the terms of the partnership deed.

2. **Bank Account Opening:**
- **Compliance:** While an HUF can be a partner in a partnership firm, banks may have their own internal policies and may require specific documentation to open an account.
- **Documents Required:** Banks typically require a copy of the partnership deed, identity and address proof of partners (including the HUF), PAN card of the partnership firm, and any other documents as per their internal guidelines.
- **Clarification:** It might be necessary to clarify with the bank the specific reason for rejecting the opening of the bank account. Sometimes, bank officials may have misconceptions or may not be fully aware of the legal provisions regarding partnerships involving HUFs.

3. **Legal Standing:**
- **Legal Status:** Under the Indian Partnership Act, 1932, an HUF has the legal capacity to enter into a partnership and can participate as a partner in the firm.
- **Taxation:** Income tax implications for an HUF as a partner in a partnership firm should also be considered. The firm's income is typically taxed in the hands of the partners as per their share in the partnership.

4. **Consultation:** It might be helpful to consult with a legal advisor or a chartered accountant who is knowledgeable about partnership laws and banking regulations to assist in addressing any concerns raised by the bank and to ensure compliance with all legal requirements.

In summary, while an HUF can be a partner in a partnership firm, it's important to ensure that all necessary documentation and legal formalities are in place as required by both partnership laws and banking regulations to facilitate the smooth opening of a bank account for the partnership firm.

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