partnership
This query is : Resolved
18 January 2011
can a company incorporated as a private limited company become a partner in a partnership firm. If so, any special clause for that
CA Sanat Pyne
(Expert)
18 January 2011
Eligibility For Partnership
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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
18 January 2011
Thank you sir for your valuable advice. I have one more query. Is the profit withdrwan by the private limited company is again taxable as an income for the private limited company.
CA Sanat Pyne
(Expert)
18 January 2011
NO, SHARE OF PROFIT FROM PARTNERSHIP FIRM WILL NOT BE TAXABLE.
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