According to Section 4 of the Indian Partnership Act, 1932, Partnership is defined as:
"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."
The 5 Essential Features of Partnership:
- Two or More Persons: Minimum 2; Maximum 50 (prescribed under Rule 10 of Companies Rules 2014).
- Agreement: Partnership arises from an agreement (contract), which may be oral or in writing (Partnership Deed).
- Lawful Business: Must be organized to carry out lawful business or profession with a motive of earning profit.
- Sharing of Profits: Must agree to share profits (and losses). An agreement without profit-sharing is not a partnership.
- Mutual Agency (The Cardinal Test of Partnership): The business is carried on by all or any of them acting for all. Every partner is both a Principal (bound by the acts of others) and an Agent (able to bind other partners by their acts).
CRITICAL STATUTORY RULES in the ABSENCE of a Partnership Deed (Section 13):
| Matter | Provision in the Absence of Partnership Deed |
|---|---|
| Profit / Loss Sharing Ratio | Equally (1:1:...), regardless of capital contributed! |
| Interest on Capital | NO interest on capital is allowed. |
| Interest on Drawings | NO interest on drawings is charged. |
| Remuneration / Salary / Commission | NO salary or commission is allowed to any partner. |
| Interest on Partner's Loan / Advance | Allowed strictly at 6% per annum (Charge against profit!). |