1. Mutual Consent of Partners
Most decisions in a partnership firm are made through mutual agreement.
- All partners typically have an equal say in business decisions.
- Important matters require unanimous consent from all partners.
- Routine or day-to-day decisions may be handled by one or more partners.
- Major changes like admission or removal of a partner need full agreement.
- Mutual understanding and communication are key to smooth decision-making.
2. Role of the Partnership Deed
The partnership deed defines how decisions are to be made in the firm.
- It may authorize specific partners to make independent decisions.
- It outlines the voting rights and approval procedures.
- Provisions may include how conflicts or deadlocks are resolved.
- The deed can specify matters requiring majority or unanimous consent.
- Decisions inconsistent with the deed may be declared invalid.
3. Decision-Making by Majority
For general business matters, a majority of partners can decide certain actions.
- Majority rule is allowed unless restricted by the deed.
- The decision must relate to the ordinary business of the firm.
- All partners must be given the chance to express their views.
- Majority decisions cannot override the rights of minority partners.
- The process should follow fairness and transparency.
4. Authority of Individual Partners
Partners may act independently within the scope of their assigned authority.
- Each partner is an agent of the firm and may make decisions accordingly.
- Decisions made within assigned roles are generally binding on the firm.
- Acts outside the scope must be approved by other partners.
- Unauthorized decisions may be challenged or disowned by the firm.
- The deed may restrict individual authority in sensitive areas.
5. Conflict Resolution and Disagreements
Disputes in decision-making are handled through predefined procedures.
- The partnership deed may provide steps for resolving disputes.
- Discussion and negotiation are preferred methods.
- Mediation or arbitration can be used if disagreements persist.
- Courts may intervene in serious or unresolved matters.
Timely resolution ensures continuity and partnership stability.
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