1. Legal Capacity of a Partnership Firm
- A partnership firm is not a separate legal entity, but can hold assets
- It operates through its partners collectively under the law
- The firm can enter into contracts, including investment agreements
- There is no legal bar preventing a firm from investing in shares
- The ability depends on the firm’s objectives and mutual consent of partners
2. Role of the Partnership Deed
- The partnership deed should mention investment as an allowed activity
- If the deed is silent, partners must mutually agree before investing
- Clear clauses on investment authority help avoid future disputes
- Profit or loss from such investments should be distributed as agreed
- Any restrictions or limitations should be recorded in writing
3. Operational Requirements for Investment
- The firm must open a Demat and trading account in its name
- KYC norms must be fulfilled for the firm and its authorized partner
- A partner may be nominated to manage the investment activities
- Records of transactions must be maintained for internal and legal use
- Investments must align with the firm’s stated business purpose
4. Risk and Responsibility of Partners
- All partners share the risks and returns from investments
- Losses, if any, are treated like business losses unless stated otherwise
- Decisions should be taken collectively or by authorized persons
- Unauthorized investments can lead to internal disputes
- Proper documentation protects all partners from misunderstandings
5. Regulatory and Compliance Considerations
- The firm must comply with SEBI and stock exchange norms
- Certain investment limits may apply under regulatory guidelines
- Investment income must be disclosed in firm’s accounts and returns
- If the firm engages regularly in trading, it may be treated as a separate business activity
- External approvals are not required unless specified by law or agreement
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