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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