Test Your Understanding · Q2
Q.State whether the following statements are true or false:
(i) Valid partnership can be formulated even without a written agreement between the partners;
(ii) Each partner carrying on the business is the principal as well as the agent for all the other partners;
(iii) Maximum number of partners can be 50;
(iv) Methods of settlement of dispute among the partners can't be part of the partnership deed;
(v) If the deed is silent, interest at the rate of 6% p.a. would be charged on the drawings made by the partner;
(vi) Interest on partner's loan is to be given @ 12% p.a., if the deed is silent about the rate.
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Start your 14-day free trial to unlock the full solution →(i)-(iii) are True; (iv)-(vi) are False. The three False statements share a pattern: each invents a right or restriction the Indian Partnership Act, 1932 doesn't actually create.
Solution
- True. The Act does not require a written agreement — a partnership can be formed orally; a written deed is only advisable for clarity, never mandatory.
- True. This is the principle of mutual agency — every partner conducting the business acts as both principal (bound by the firm's dealings) and agent (able to bind the other partners) for all the others. It's the defining legal feature of a partnership.
- True. Under Section 464 of the Companies Act, 2013, the Central Government is empowered to prescribe a firm's maximum partner count (up to a ceiling of 100), and it has prescribed this maximum as 50.
- False. The partnership deed can include any term the partners agree to, including how they will settle disputes between themselves — there is no restriction on this. …
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