1. Individuals as Partners
Any individual who is legally competent to contract can become a partner in a firm.
- The person must be at least 18 years of age.
- He or she must be of sound mind and capable of understanding responsibilities.
- The individual should not be disqualified by any law.
- Consent of the individual is essential to form the partnership.
- Personal commitment and contribution are expected from each partner.
2. Hindu Undivided Family (HUF)
Members of a Hindu Undivided Family have specific rules when it comes to partnerships.
- The Karta (head of the HUF) can become a partner in a firm.
- He can represent the family and its business interests.
- Co-parceners cannot become automatic partners without consent.
- Income from such a partnership is treated as individual income of the Karta.
- The firm must clearly state the status of the Karta and their rights.
3. Companies and Corporations
Legal entities like companies can become partners in a firm.
- A company must be authorized by its internal rules to enter into partnerships.
- Board resolution is required to appoint a representative.
- The partnership must be consistent with the company’s objectives.
- Liability is limited to the extent of the company’s contribution.
- The firm must acknowledge the corporate partner and its representative.
4. Minors and Their Role
Minors cannot be full partners but may be admitted for benefits.
- A minor can be admitted to the benefits of a partnership.
- They cannot be held liable for losses or management decisions.
- The rights and benefits must be agreed upon by all existing partners.
- Upon attaining majority, they must decide to continue or withdraw.
- This decision must be made within a specified legal time frame.
5. Foreign Nationals and Non-Residents
Foreign nationals can become partners in India under regulated conditions.
- They must comply with the Foreign Exchange Management Act (FEMA).
- Prior approval from relevant authorities may be required.
- Documentation and regulatory compliance are mandatory.
- Their rights and duties are defined by mutual agreement and applicable laws.
- Local representation is often necessary for official procedures.
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