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unit-2-forms-of-business-organization-i

Unit-2 Forms Of Business Organization I

In this unit you will study in detail the features, classification, merits and limitations of these different forms of business organisations.

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What is Partnership? How does it differ from a joint stock company?

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Learning Pundits Content Team

Written on Apr 15, 2019 5:15:14 PM

  1. Plurality of persons: To form a partnership firm, there should-be at least two persons.. The maximum limit on the number of persons is ten for banking business and twenty for other types of business.
  2. Contractual relationship: Partnership is created by an agreement between persons called 'partners'. In other words, a person can become a partner only on the basis of a contract. This contract could be oral, written or implied.
  3. Profit sharing: There must be an agreement among the partners to share the profits and losses of the business of the partnership firm. This is one of the basic elements of partnership. If two or more persons jointly own some property and share its income, it is not regarded as partnership.
  4. Existence of business: The purpose of the agreement among the partners is to do some lawful business and share profits. If the purpose is something other than business, it should not be treated as partnership. For example, if the purpose is to carry some charitable work, it will not be treated as partnership.
  5. Principal-agent relationship: The business of the firm may be carried on by all or one or more partners acting for all the partners. Every partner is entitled to take part in the operations of the firm. In dealing with other parties, each partner is entitled to represent the firm and other partners in respect of the business of the firm. All partners are bound by his acts done in the ordinary course of business and in firm's name. In this sense a partner is agent of the firm and the other partners.
  6. Unlimited liability: In respect of business debts, each partner has unlimited liability. This means that if the assets of the firms are not sufficient to meet the obligations of the firm, the partners have to pay from their private assets. The creditors can even realize the whole of their dues from one of the partners. Thus, all the partners are jointly and severally liable for all business debts and obligations.
  7. Good faith and honesty: A partnership agreement rests on good faith among the partners. The partners must be honest to each other and trust each other. They must disclose every information about the business and present true accounts to one another.
  8. Restriction on transfer of share: A partner cannot transfer his share to an outsider without the consent of all the other partners.