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A Partnership is defined by the Indian Partnership Act, 1932, as 'the relation between persons who have agreed to share profits of the business carried on by all or any of them acting for all'. Agreement is the essential part of partnership business. It secure the right of both party.
In a business partnership, you can split the profits any way you want, under one conditionall business partners must be in agreement about profit-sharing. You can choose to split the profits equally, or each partner can receive a different base salary and then the partners will split any remaining profits.
A business partnership is when two or more people run a business together to make a profit. It is a different type of business to a limited company, which is run by shareholders. Within that environment, a partnership agreement is a legally binding agreement between all business partners.
A partnership has no separate legal personality and it cannot therefore own property and it will be owned by the individual property owning partners. The Land Registry will allow up to four property owning partners to be named at the Land Registry as legal owners.
Written partnership agreements protect the company and each partner's investment in it. If there is no written partnership agreement, partners are not allowed to draw a salary. Instead, they share the profits and losses in the business equally.
In general, partnership property consists of all the property contributed by the partners or acquired for the partnership with its funds. A partnership may own real property as well as personal property. Partners hold title to partnership property by tenancy in partnership or tenants in common.
According to section 15, the partnership property should be held and used exclusively for the purpose of the firm. While all partners have a community of interest in the property, during the subsistence of the partnership no partner has a proprietary interest in the assets of the firm.
A partnership agreement is a foundational document and is legally binding on all partners. The agreement outlines the business's day-to-day operations and the rights and responsibilities of each partner. In this way, the document is not unlike a set of corporate bylaws.
Thus as per the above definition, there are 5 elements which constitute of a partnership namely: (1) There must be a contract; (2) between two or more persons; (3) who agree to carry on a business; (4) with the object of sharing profits and (5) the business must be carried on by all or any of them acting for all.
A partnership has no separate legal personality and it cannot therefore own property and it will be owned by the individual property owning partners.