1. Meaning of Mutual Agency
- Mutual agency is a core principle of partnership
- It means every partner is both an agent and principal of the firm
- A partner can act on behalf of the firm and bind all other partners
- This authority arises from the mutual trust between partners
- The firm is responsible for the acts done by any partner within the business scope
2. Legal Basis of Mutual Agency
- Defined under the Indian Partnership Act, 1932
- Sections 18 and 19 provide the legal foundation for this principle
- It applies to all acts done in the usual course of business
- The firm is liable for contracts and decisions made by partners
- The law presumes implied authority unless restricted in the deed
3. Scope of Partner’s Authority
- A partner can sign contracts and enter into agreements in the firm’s name
- Partners may represent the firm to clients, suppliers, and third parties
- Actions within the ordinary business are binding on the firm
- The authority must be used honestly and in good faith
- Unauthorized acts outside the business scope may not bind the firm
4. Importance in Business Operations
- Promotes shared responsibility among all partners
- Allows flexible and quick decision-making by individual partners
- Builds trust and cooperation in daily business dealings
- Encourages accountability as each partner’s action affects all
- Supports efficiency in managing clients, contracts, and operations
5. Limitations and Restrictions
- The partnership deed can limit the scope of mutual agency
- Public notice must be given if any partner’s authority is withdrawn
- Silent or sleeping partners usually do not act as agents
- The firm is not bound by acts done for personal benefit
- Careful monitoring is needed to avoid misuse of authority
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