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 What is mutual agency in partnership?

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  • Public notice must be given if any partner’s authority is withdrawn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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