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Can a Company be a partner under Indian Partnership Act,1932

Page no : 2

Sivadas Chettur (Chartered accountant)     22 November 2009

Please note that The Hon Supreme Court in Bacha.F.Guzdar's case held that a partnership consisting of only 3 companies as aprtners is valid. Like wise House of Lords in Newsteed v Frost also held that a company can be a partner in a firm. But the partnership should be authorised by the Memmorandum lest it will be ultra vires. A firm cannot be member in a company.Please also note that in the abscence of a definition of the term "person" under the companies act the defn under the General clauses Act 1897 shall apply. Thus the defn under the 1897 Act includes a company also.

siva208@yahoo.com

KARTHIK SREEDHARAN (Audit Assistant)     06 December 2009

What about the liability of a 'partner' Co. in case the other partners fail to pay off?? will it be limited or unlimited?? if it is unlimited will it be contadictory to Companies Act??

KARTHIK SREEDHARAN (Audit Assistant)     06 December 2009

what about the liability of a partner Co. if the other partners fails to pay it off?? will it be limited or unlimited?? if it is unlimited will it be contradictory to Companies Act??


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