CA FINAL
416 Points
Posted on 29 December 2015
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.