Partnership with individuals partnership company

Hi I have a question regarding formation of a new partnership firm including individuals, a registered partnership firm and a pvt ltd company. 1) Can their be a partnership firm? If yes 2) how should the deed be formed? 3) what about the remuneration and interest to partners and it's taxability? 4) will their be any issue regarding deemed dividend in case of company funds?
Replies (1)

1. A company is an artificial person ,having a seperate legal entity . it can enter into contract into its own name . so company ( public/private) can enter in to partnership with individuals PROVIDED it is authorised by its ARTICLE .

2. The following are the minimum elements of a partnership deed:

Name and Address of the firm as well as all the partners
Nature of business to be carried on
Date of Commencement of business
Duration of Partnership
Capital contribution by each partner
Profit sharing ratio among the partners

mention these and you are done.

3.IN ADDITION  to above if firm also wants to pay remuneration and interest to its partners that should also be specified in partnership deed .

(a) rate of interest and

(b) remuneration amount or  manner of calculating remuneration.

BUT REMEMBER remuneration can only be paid to WORKING PARTNER and company cannot be a working partner  as working partner can only be INDIVIDUALS . so  remuneration cannot be paid to company

4. NO , as long as partnership contribution are concerned .

  only LOAN  and ADVANCES from company can under the purview of deemed dividend.

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