*Give it a Glance
Q1. What is a partnership?
Ans. A partnership is a type of entity in which two or more persons come forward to start a business.
The business thus formed can be carried by one or all the partners.
Q2. Is written agreement necessary in the partnership?
Ans. No! A written agreement is not mandatory in a partnership. However, it is generally a good idea
to have a written agreement rather than an oral one to avoid disputes later on.
Q3. How are partnerships taxed?
Ans. A partnership does not pay any income taxes, although it may be required to file a tax return.
Instead, partnership income “passes through” the business to the partners. Each partner than reports
his or her share of business profits or losses on an individual federal tax return.
Q4. How can I enforce the agreement?
Ans. The agreements can be enforced through courts and tribunals.
Q5. Can a foreign resident be a partner in a firm?
Ans. Yes! A foreign resident can be a partner in the firm. The Indian does not restrict a foreign
resident to be a partner of the firm.
Q6. What is partnership at will?
Ans. In the case, if a partnership deed does not provide for duration or for dissolving the partnership
in any manner, it is a partnership at will.
Q7. Can a partner transfer his/her rights to an outsider?
Ans. Yes, a partner can transfer his or her rights to an outsider with the consent of other partners.
Q8. Can a partner nominate a successor?
Ans. Yes, a partner can nominate a successor to take his place in the event of death or retirement of
the partner. The mode of introducing a new partner or successor is based on provisions in the
partnership deed. A new partnership deed is required once the new partner is admitted into the firm.
Q9. Can a firm become a partner in another firm?
Ans. A partnership cannot become a partner of another firm because it is not a legal person. However,
the partners may be partners in another firm in their individual capacity.
Q10. How can we dissolve a partnership?
Ans. A partnership can be dissolved in the following ways:
1. By agreement
2. By compulsory dissolution
3. On the happening of certain events which may result in disputes.