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 Definition of Partnership 
 Types of Partners 
 Rights of a Partners 
 Liability of Partners to Third Parties
As defined by Partnership Act 1932: 
The relation between the persons who have agreed to share 
the profits of the business carried on by all or any one of them 
acting for all.
 A person who takes active interest in the 
conduct and management of the 
business of the firm is known as active or 
managing partner. 
 He carries on business on behalf of the 
other partners. If he wants to retire, he 
has to give a public notice of his 
retirement; otherwise he will continue to 
be liable for the acts of the firm
 A sleeping partner is a partner who ‘sleeps’, 
that is, he does not take active part in the 
management of the business. Such a 
partner only contributes to the share capital 
of the firm, is bound by the activities of 
other partners, and shares the profits and 
losses of the business. A sleeping partner, 
unlike an active partner, is not required to 
give a public notice of his retirement. As 
such, he will not be liable to third parties for 
the acts done after his retirement.
 A nominal partner is one who does not 
have any real interest in the business but 
lends his name to the firm, without any 
capital contributions, and doesn’t share 
the profits of the business. He also does 
not usually have a voice in the 
management of the business of the firm, 
but he is liable to outsiders as an actual 
partner.
When a partner agrees with the others 
that he would only share the profits of 
the firm and would not be liable for its 
losses, he is in own as partner in profits 
only.
 A sub-partner is one who shares the 
profits of another partner. When a 
partner agrees to share his profits in a 
firm with a third person, that third person 
is called a sub-partner. A sub-partner is 
not a partner in the original firm.
 A partner by estoppel is one who 
represent himself to be a partner in the 
firm but in reality he is not so. This kind of 
partner is not real partner of the firm but 
by words spoken or written or by 
conduct, represents him or knowingly 
permits him to be represented to be a 
partner in a firm.
 Right to take part in the conduct of the 
business 
 Right to be consulted 
 Right to access the books 
 Right to share profits 
 Right to interest on capital 
 Right to interest on advances 
 Right to indemnity
 Right to take part in the conduct of the 
business :- Every partner has a right to 
take part in the conduct of the business. 
 Right to be consulted :- 
 Right to access the books :- Every 
partner has a right to have access to 
and to inspect and copy any of the 
books of the firm.
 Right to share profits :- The partners are 
entitled to share equally in the profits 
earned and shall contribute equally to the 
loss sustained by the firm. 
 Right to interest on capital :- Where a 
partner is entitled to interest on the capital 
subscribed by him such interest be payable 
only out of profits. In the absence of an 
agreement no partner is entitled to any 
interest on capital invested by him in the 
firm.
 Right to interest on advances :- A partner 
making for the purpose of the business 
any payment of advance beyond the 
amount of capital he has agreed to 
subscribe is entitled to interest thereon at 
the rate of 6%. 
 Right to indemnify :- The firm is required 
to indemnify a partner in respect of 
payment made and liabilities incurred by 
him.
 Liability of a partner for acts of the firm 
 Liability of the firm for wrongful acts of a 
partner 
 Liability of the firm for misapplication by 
partners
 Every partner is jointly and severally 
liable for all acts of the firm done while 
he is a partner. Because of this liability, 
the creditor of the firm can sue all the 
partners jointly or individually.
 If any loss or injury is caused to any third 
party or any penalty is imposed because 
of wrongful act or omission of a partner, 
the firm is liable to the same extent as 
the partner. However, the partner must 
act in the ordinary course of business of 
the firm or with authority of his partners.
 Where a partner acting within his 
apparent authority receives money or 
property from a third party and misutilises 
it or a firm receives money or property 
from a third party in the course of its 
business and any of the partners 
misutilises such money or property, then 
the firm is liable to make good the loss.
Indian partnership act 1932

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Indian partnership act 1932

  • 1.
  • 2.  Definition of Partnership  Types of Partners  Rights of a Partners  Liability of Partners to Third Parties
  • 3. As defined by Partnership Act 1932: The relation between the persons who have agreed to share the profits of the business carried on by all or any one of them acting for all.
  • 4.
  • 5.  A person who takes active interest in the conduct and management of the business of the firm is known as active or managing partner.  He carries on business on behalf of the other partners. If he wants to retire, he has to give a public notice of his retirement; otherwise he will continue to be liable for the acts of the firm
  • 6.  A sleeping partner is a partner who ‘sleeps’, that is, he does not take active part in the management of the business. Such a partner only contributes to the share capital of the firm, is bound by the activities of other partners, and shares the profits and losses of the business. A sleeping partner, unlike an active partner, is not required to give a public notice of his retirement. As such, he will not be liable to third parties for the acts done after his retirement.
  • 7.  A nominal partner is one who does not have any real interest in the business but lends his name to the firm, without any capital contributions, and doesn’t share the profits of the business. He also does not usually have a voice in the management of the business of the firm, but he is liable to outsiders as an actual partner.
  • 8. When a partner agrees with the others that he would only share the profits of the firm and would not be liable for its losses, he is in own as partner in profits only.
  • 9.  A sub-partner is one who shares the profits of another partner. When a partner agrees to share his profits in a firm with a third person, that third person is called a sub-partner. A sub-partner is not a partner in the original firm.
  • 10.  A partner by estoppel is one who represent himself to be a partner in the firm but in reality he is not so. This kind of partner is not real partner of the firm but by words spoken or written or by conduct, represents him or knowingly permits him to be represented to be a partner in a firm.
  • 11.  Right to take part in the conduct of the business  Right to be consulted  Right to access the books  Right to share profits  Right to interest on capital  Right to interest on advances  Right to indemnity
  • 12.  Right to take part in the conduct of the business :- Every partner has a right to take part in the conduct of the business.  Right to be consulted :-  Right to access the books :- Every partner has a right to have access to and to inspect and copy any of the books of the firm.
  • 13.  Right to share profits :- The partners are entitled to share equally in the profits earned and shall contribute equally to the loss sustained by the firm.  Right to interest on capital :- Where a partner is entitled to interest on the capital subscribed by him such interest be payable only out of profits. In the absence of an agreement no partner is entitled to any interest on capital invested by him in the firm.
  • 14.  Right to interest on advances :- A partner making for the purpose of the business any payment of advance beyond the amount of capital he has agreed to subscribe is entitled to interest thereon at the rate of 6%.  Right to indemnify :- The firm is required to indemnify a partner in respect of payment made and liabilities incurred by him.
  • 15.  Liability of a partner for acts of the firm  Liability of the firm for wrongful acts of a partner  Liability of the firm for misapplication by partners
  • 16.  Every partner is jointly and severally liable for all acts of the firm done while he is a partner. Because of this liability, the creditor of the firm can sue all the partners jointly or individually.
  • 17.  If any loss or injury is caused to any third party or any penalty is imposed because of wrongful act or omission of a partner, the firm is liable to the same extent as the partner. However, the partner must act in the ordinary course of business of the firm or with authority of his partners.
  • 18.  Where a partner acting within his apparent authority receives money or property from a third party and misutilises it or a firm receives money or property from a third party in the course of its business and any of the partners misutilises such money or property, then the firm is liable to make good the loss.