Short Answer Questions · Q9
Q.State any four essential features of a partnership, as they follow from Section 4 of the Indian Partnership Act, 1932.
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Section 4 of the Indian Partnership Act, 1932 defines partnership 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. Breaking this definition down yields the following essential features, any four of which fully answer the question:
- Association of two or more persons — a partnership needs at least two people; the Companies Act, 2013 further caps the number at 50.
- Agreement — the relationship must arise from a contract, not from status (Section 5); this rules out, for example, a Joint Hindu Family business.
- Existence of a business — the parties must be carrying on an actual, lawful trade, occupation, or profession, not merely a one-off transaction or a charitable purpose.
- Sharing of profits — the partners must have agreed to share the profits earned by the business.
- Mutual agency — the decisive legal test (Section 6): each partner must be capable of acting as an agent for, and binding, all the others, and equally being bound by what the others do in the firm's business.
✓Final answer
Any four of: association of two or more persons; an agreement/contract (not status); an actual lawful business; sharing of profits; and mutual agency between the partners (the decisive legal test under Section 6).
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