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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