LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

John Miller (Business Strategist)     08 December 2020

Can a partnership firm compulsorily dissolved?

Can a partnership firm compulsorily dissolved if partnership has various adventures and one of such adventure becomes illegal?



 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     08 December 2020

Hello,

Partnership have terms and conditions mentioned in the agreement. Any partner can have other businesses as per his wishses unless there are any restriction. 

LegalWizin (Online Legal Service)     10 December 2020

As and when the activity carried on by the partnership firm becomes illegal, it shall discontinue the business under partnership or amend the partnership deed by removing said business activity from the clause.

If the business numerous business activities are independent to each other i.e. the other activities are not dependent on the illegal activity, it can be continued.

However, if other activities are associated or dependent on illegal activity, the activities shall be discontinued by the firm. In this situation, the firm shall dissolve or change the business activities in the deed with necessary alternation in business structure.

In any case, one shall not carry on any illegal activity under the partnership firm.

Anaita Vas   24 November 2021

A partnership firm may be dissolved under the following circumstances:

1. Dissolution by Agreement (Section 40) of Indian Partnership Act, 1932.

2. Dissolution by Notice (Section 43) of Indian Partnership Act, 1932.

3. Compulsory Dissolution (Section 41) of Indian Partnership Act, 1932.

The activities of the firm may become illegal under the changed circumstances. If government enforces prohibition policy, then all the firms dealing in liquor will have to close down their business because it will be an unlawful activity under the new law. Similarly, a firm may be trading with the businessmen of another country. The trading will be lawful under present conditions.

After some time a war erupts between the two countries, it will become a trading with an alien enemy and further trading with the same parties will be illegal. Under new circumstances the firm will have to be dissolved. In case a firm carries on more than one type of business, then illegality of one work will not amount to dissolution of the firm. The firm can continue with the activities which are lawful.

 

Regards,

Anaita Vas

Taxzona Consultancy (Tax Consultancy)     28 December 2021

Limited Liability Partnership is a separate legal entity, carrying the benefits of the conventional sole proprietorship with the perks of the company. It is regulated under the Limited Liability Partnership Act, 2008. LLP registration is a preferable option for its cheaper incorporation in comparison to Private limited companies and fewer tax compliances. In the short time, it has grown, LLP has surely become one of the most popular choices for new businesses.

In this article, we will read in detail what is limited liability partnership, LLP registration in Mumbai, LLP registration documents and LLP registration process.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query