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PLEASE READ THIS CHAPTER
FROM BOOK AS WELL
1
Law of Partnership
PLEASE READ THIS CHAPTER
FROM BOOK AS WELL
2
Types of business
• Sole proprietorship in Pakistan
• Partnership in Pakistan
• Limited liability company in Pakistan
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FROM BOOK AS WELL
3
Why Partnership?
• Easy Formation
• More Capital
• Better Management
• Skilled Employees
• Easy Dissolutions
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FROM BOOK AS WELL
4
Introduction
Partnership is governed in
Pakistan, through the provision of
the “Partnership Act, 1932.”
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FROM BOOK AS WELL
5
Meaning
A Partnership is a Voluntary association of
Two or more persons, who contribute ,
Money, property , time , skill to carry on
business for profit and to share the
losses of the business.
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FROM BOOK AS WELL
6
Definition
“Partnership is the relation between persons
who have agreed to share the profits of a
business carried on by all or any of them
acting for all.” Sec-4.
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FROM BOOK AS WELL
7
Definition
• Prof Haney:
“ Partnership is the relation between
persons to make contracts who agree to
carry on a lawful business with a view to
gain.”
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FROM BOOK AS WELL
8
Characteristics
• Legal Entity.
A Partnership has no separate legal entity apart
form its members.
Firms and the partner are not separate from
one another.
The rights and liabilities of the firm are
considered the rights and liabilities of the
partner.
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FROM BOOK AS WELL
9
• Unlimited Liability
– In case of loss if the business sources are
insufficient to meet claim of the creditors, the
private properties of the partners can be sold.
• Agreement
– A partnership is the result of an agreement
between persons.
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10
• Control
– Depends on the Terms of the Agreement.
• Mutual Agency
– Each partner acts as agent of the other
partners of the firm. Because he binds himself
to the activities of other partner.
• Numbers of Partners.
– At least 2 persons
– Maximum 20 persons
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FROM BOOK AS WELL
11
Sharing of Profits
• Share the profit of the business according
to their agreement.
• If no agreement then Equally.
• Loss according to agreed ratio.
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FROM BOOK AS WELL
12
Partnership Deed
• The Partnership agreement in writing is
called Partnership Deed.
• The Partnership deed contains the
Provisions:
1. The Name of Firm.
2. The names and address of all Partners.
3. The nature of Business of A firm
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FROM BOOK AS WELL
13
4. The ratio of sharing the profit and
losses.
5. The Rights , duties and Liabilities of a
Partner.
6. The restrictions on partners , if any.
7. The Rules regarding the Admission ,
Retirement , death and Expulsion of
partner from frim.
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FROM BOOK AS WELL
14
8. The keeping of proper books of accounts
and preparation of Accounts.
9. The Circumstance under which the firm
shall dissolve.
10.The Methods of Solving disputes among
the partners and appointment of
Arbitrator.
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FROM BOOK AS WELL
15
Kinds of Partners
• Liability
• Participation in Management
• Shares of Profit , Etc… any other basis
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FROM BOOK AS WELL
16
• Active Partner
Takes an active part in the Management
Public Notice before Retirement
Also known as Working Partner.
• Sleeping Partner/ Dormant Partner
Does not take an Active Part in
Management, Notice is not required in
case of Retirement, Also liable.
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FROM BOOK AS WELL
17
• Partners in Profits only.
Shares the Profit of the firm.
Not liable for the Losses
• Secret Partner
Whose membership Kept secret from
Outsiders
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18
• Senior Partner
Key role in Management , due to
experience ,age, capability , and other
skills. Besides that investment more in the
Business.
• Junior Partner
Less experience , small investment,
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19
Minor Partner
Competent to contract 18 age
With the Consent of all the Partners
He may be admitted to the benefits of
Partnership by an agreement with his
guardian.
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FROM BOOK AS WELL
20
• Nominal Partner
One who lends his name and reputation to
the firm, does not invest, does not
participate, he is liable.
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FROM BOOK AS WELL
21
Types of Partnership
• Partnership-at-will
• No provision is made in the agreement
regarding the duration of firm.
• Formed for Unlimited Period.
• Project complete after it continues.
• Notice of Termination , given by any
partner at any time.
PLEASE READ THIS CHAPTER
FROM BOOK AS WELL
22
Particular Partnership
• Formed to do a particular business. Or
• For a particular period.
• A Partnership is dissolved immediately on
he completion of the particular business.
PLEASE READ THIS CHAPTER
FROM BOOK AS WELL
23
Limited Partnership. (England
based)
• Some Partners may be with Limited
Liability
• At least on have unlimited Liability
• Registered Firm
• Limited partner inspects the books
PLEASE READ THIS CHAPTER
FROM BOOK AS WELL
24
DISSOULTION OF FIRM
• BY AGREEMENT
• COMPULSORY
• CONTINGENT
• BY NOTICE
• BY THE COURT
– Insanity , Permanent Incapacity , misconduct,
– Breach , Transfer of interest,
– Continuous losses , Just and Equitable

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Partnership

  • 1. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 1 Law of Partnership
  • 2. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 2 Types of business • Sole proprietorship in Pakistan • Partnership in Pakistan • Limited liability company in Pakistan
  • 3. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 3 Why Partnership? • Easy Formation • More Capital • Better Management • Skilled Employees • Easy Dissolutions
  • 4. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 4 Introduction Partnership is governed in Pakistan, through the provision of the “Partnership Act, 1932.”
  • 5. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 5 Meaning A Partnership is a Voluntary association of Two or more persons, who contribute , Money, property , time , skill to carry on business for profit and to share the losses of the business.
  • 6. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 6 Definition “Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.” Sec-4.
  • 7. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 7 Definition • Prof Haney: “ Partnership is the relation between persons to make contracts who agree to carry on a lawful business with a view to gain.”
  • 8. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 8 Characteristics • Legal Entity. A Partnership has no separate legal entity apart form its members. Firms and the partner are not separate from one another. The rights and liabilities of the firm are considered the rights and liabilities of the partner.
  • 9. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 9 • Unlimited Liability – In case of loss if the business sources are insufficient to meet claim of the creditors, the private properties of the partners can be sold. • Agreement – A partnership is the result of an agreement between persons.
  • 10. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 10 • Control – Depends on the Terms of the Agreement. • Mutual Agency – Each partner acts as agent of the other partners of the firm. Because he binds himself to the activities of other partner. • Numbers of Partners. – At least 2 persons – Maximum 20 persons
  • 11. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 11 Sharing of Profits • Share the profit of the business according to their agreement. • If no agreement then Equally. • Loss according to agreed ratio.
  • 12. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 12 Partnership Deed • The Partnership agreement in writing is called Partnership Deed. • The Partnership deed contains the Provisions: 1. The Name of Firm. 2. The names and address of all Partners. 3. The nature of Business of A firm
  • 13. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 13 4. The ratio of sharing the profit and losses. 5. The Rights , duties and Liabilities of a Partner. 6. The restrictions on partners , if any. 7. The Rules regarding the Admission , Retirement , death and Expulsion of partner from frim.
  • 14. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 14 8. The keeping of proper books of accounts and preparation of Accounts. 9. The Circumstance under which the firm shall dissolve. 10.The Methods of Solving disputes among the partners and appointment of Arbitrator.
  • 15. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 15 Kinds of Partners • Liability • Participation in Management • Shares of Profit , Etc… any other basis
  • 16. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 16 • Active Partner Takes an active part in the Management Public Notice before Retirement Also known as Working Partner. • Sleeping Partner/ Dormant Partner Does not take an Active Part in Management, Notice is not required in case of Retirement, Also liable.
  • 17. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 17 • Partners in Profits only. Shares the Profit of the firm. Not liable for the Losses • Secret Partner Whose membership Kept secret from Outsiders
  • 18. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 18 • Senior Partner Key role in Management , due to experience ,age, capability , and other skills. Besides that investment more in the Business. • Junior Partner Less experience , small investment,
  • 19. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 19 Minor Partner Competent to contract 18 age With the Consent of all the Partners He may be admitted to the benefits of Partnership by an agreement with his guardian.
  • 20. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 20 • Nominal Partner One who lends his name and reputation to the firm, does not invest, does not participate, he is liable.
  • 21. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 21 Types of Partnership • Partnership-at-will • No provision is made in the agreement regarding the duration of firm. • Formed for Unlimited Period. • Project complete after it continues. • Notice of Termination , given by any partner at any time.
  • 22. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 22 Particular Partnership • Formed to do a particular business. Or • For a particular period. • A Partnership is dissolved immediately on he completion of the particular business.
  • 23. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 23 Limited Partnership. (England based) • Some Partners may be with Limited Liability • At least on have unlimited Liability • Registered Firm • Limited partner inspects the books
  • 24. PLEASE READ THIS CHAPTER FROM BOOK AS WELL 24 DISSOULTION OF FIRM • BY AGREEMENT • COMPULSORY • CONTINGENT • BY NOTICE • BY THE COURT – Insanity , Permanent Incapacity , misconduct, – Breach , Transfer of interest, – Continuous losses , Just and Equitable

Editor's Notes

  1. Thursday, May 30, 2013