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Commerce · Ch 5 — Hindu Undivided Family and Partnership

Merits and Limitations of HUF Business

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Merits and Limitations of HUF Business

Merits of HUF business:

  • Continuity of existence — since membership arises by birth and not by agreement, the business does not come to an end on the death of the Karta or of any coparcener; a new Karta simply takes over, and the business continues uninterrupted, unlike a partnership, where a partner's death can trigger dissolution.
  • Quick decision-making — the Karta can decide and act without needing the consent of every coparcener for routine matters, allowing faster decisions than in a partnership, where consultation among partners is usually expected.
  • Secrecy — an HUF business is under no legal obligation to publish its accounts or disclose its affairs, so business secrets can be maintained more easily than in a company.
  • Limited liability of coparceners — every coparcener other than the Karta is liable for the business's debts only to the extent of his or her own share in the joint family property, which encourages family members to let capital remain invested without fear of losing personal assets beyond that share.

Limitations of HUF business:

  • Limited capital — since membership (and hence capital contribution) is confined to the family, an HUF business cannot raise capital from outsiders as readily as a partnership or a company can, which restricts the scale it can grow to.
  • Karta's unlimited liability — unlike the coparceners, the Karta is personally liable for the firm's debts to the full extent of his own private property, a much heavier personal risk than any other member bears. …