1. Legal Recognition of the Firm’s Capacity
- A partnership firm is not a separate legal entity but acts through its partners
- Indian law allows firms to hold property and assets, including shares
- The firm can invest in shares if permitted under the partnership deed
- Investments must be made in the firm’s name, represented by its partners
- The firm must comply with rules set by stock exchanges and regulatory bodies
2. Role of the Partnership Deed
- The deed should mention investment or shareholding as an allowed activity
- If silent, all partners must agree before acquiring shares
- Profit or loss from shares should be addressed in the deed or by consent
- Restrictions or responsibilities related to investment must be recorded
- Clear terms reduce the risk of internal disputes among partners
3. Opening of Demat and Trading Account
- A firm must open a Demat and trading account in the firm’s name
- KYC documents of the firm and its authorized partners are required
- A partner is designated to operate the account on behalf of the firm
- SEBI and depository rules must be followed for account setup
- All transactions should be properly recorded and disclosed
4. Voting and Participation Rights
- The firm enjoys shareholder rights such as voting and attending meetings
- It can appoint a partner or representative to act on its behalf
- The firm’s representative participates in decisions as on shareholding
- These rights must be exercised in accordance with the firm’s interests
- The firm’s vote is counted like that of any other shareholder
5. Recordkeeping and Compliance
- The firm must maintain proper records of shareholding activities
- Income and gains from shares must be reflected in firm’s accounts
- Partner approval is needed for major share transactions
- Transfer or sale of shares must follow firm’s policies and legal rules
- Proper compliance enhances transparency and financial accuracy
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