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Can a company be a partner in a firm?

1. Legal Recognition of Companies as Partners

  • A company is recognized as an artificial legal person.n
  • It can enter into contracts, own property, and sue or be sued.
  • Indian law permits a company to become a partner in a firm.
  • The company’s participation must align with its stated objectives.
  • It must act through authorized representatives or directly.o rs

2. Requirements for Company Participation

  • The company’s memorandum and articles must allow a partner. ship
  • Board approval is needed to enter into a partnership agreement.
  • A resolution must be passed authorizing partnership involvement.
  • An authorized signatory must represent the company in the firm.m
  • Documentation must reflect the company’s role andauthorityi.ty.

3. Rights and Duties of the Company Partner

  • The company enjoys profit-sharing rights as per the partnership deed.
  • It must fulfill its capital contribution and other obligations.
  • It can participate in decision-making through its representative.
  • It is bound by the terms and conditions of the firm’s agreement.t
  • Its rights are subject to company law and firm-level policies.

4. Liability of the Company in the Firm

  • The company is liable to the extent of its commitments in the firm
  • It shares responsibility for losses, unless limited by agreement.
  • Any wrongful acts by its representative may affect the firm.m
  • Liability is separate from that of individual directors or officers.
  • The company remains accountable as long as it is a partner.

5. Limitations and Regulatory Considerations

  • The company must not engage in partnerships outside its business scope.
  • Regulatory approvals may be needed in specific industries.
  • Compliance with both company law and partnership law is required.
  • The company must maintain transparency in financial disclosures.
  • It should identify a conflict of interest with its primary operations.

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