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How many people are required to form a partnership firm?

1. Minimum Number of Persons

A partnership firm must have at least two individuals to be legally valid.

  • The Indian Partnership Act, 1932, mandates a minimum of two persons.
  • A sole individual cannot form a partnership firm.
  • These individuals must mutually agree to share profits.
  • Each person becomes a partner in the business.
  • Consent of all partners is essential for formation.

2. Maximum Limit of Partners

The maximum number of partners is defined based on the nature of the business.

  • For general business, the maximum is twenty partners.
  • For a banking business, the limit is ten partners.
  • Exceeding these limits converts the firm into an illegal association.
  • These limits are specified under the Companies Act, 2013.
  • The firm must ensure compliance with the specified partner limit.

3. Eligibility of Individuals to Become Partners

Not all individuals are eligible to become partners in a partnership firm.

  • Only persons competent to contract can become partners.
  • They must be of sound mind and not disqualified by law.
  • Individuals must be above the age of eighteen.
  • Legal entities like companies can also become partners.
  • A minor can only be admitted for the benefit of the partnership.

4. Role of Mutual Agreement

The formation of a partnership depends on a mutual agreement between persons.

  • All persons must agree to the terms and conditions.
  • The agreement may be oral or written.
  • The agreement must include the number and names of partners.
  • Each partner must willingly join the firm.
  • The agreement becomes the foundation of the partnership.

5. Importance of Number in Legal Validity

The number of partners affects the legal recognition of the partnership.

  • Having fewer than two partners ends the partnership.
  • Increase beyond the legal limit invalidates the structure.
  • A proper number ensures operational and legal compliance.
  • It is essential for registration and legal documentation.
  • Maintaining a valid partner count ensures smooth functioning.

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