Civil Law SUMMER REVIEWER CHAPTER 1: GENERAL PROVISIONS PARTNERSHIP - a contract wherein two or more persons bind themselves to contribute money‚ property‚ or industry to a common fund‚ with the intention of dividing the profits among themselves. (see Art. 1767‚ CC) (General Professional Partnership‚ Art.1767¶2) Two or more persons may also form a partnership for the exercise of a profession. ELEMENTS OF A PARTNERSHIP: There shall be a partnership whenever: 1. There is a meeting of the minds; 2. To
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STUDY UNIT 2: ESTABLISHMENT AND FINANCIAL STATEMENTS OF A PARTNERSHIP PARTNERSHIP - A partnership is a legal relationship which arises when an agreement is entered into by two to twenty people. Each partner contributes something – cash‚ assets‚ knowledge etc to the business with the aim of making a profit which is shared according to an agreement. 2.2 Reasons for forming partnerships o To increase the amount of capital in the business o To eliminate competition o To bring capital and
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to Bentley Physiotherapy’s partnership agreement that Tim‚ Kathy and Martin are partners and that Bentley Physiotherapy is operating as a partnership so no further analysis into the essential elements of a partnership is necessary. It is stated that Adam made it clear that he didn’t want to be a partner. This does not give us any reason to believe that Adam is not a partner of the business. Whether a partnership exists is a mixed question of fact and law. WA Partnership Act 1895 – S8 sets out some
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To determine whether Nazir and Omar has a valid partnership or not.We need to look and understand the definition of partnership by Partnership Act‚ 1961.S.3(1) define partnership as ‘Partnership is the relation which subsists between person carrying on a business in common with a view of profit’.5 words need to be examine‚first is ‘relation’‚’person’‚‘a business’‚’carried in common’ and ‘with a view of profit’ .We will look into what type of relation they are in‚is the business running carried in
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PARTNERSHIP Partnership is defined as a relation between persons who have agreed to share the profits and losses of a business carried on by all of them or any of them acting for all‚ on a pre agreed profit sharing ratio. The main types of partnerships are general partnership‚ limited partnership and Joint venture. General Partnership is a partnership in which all the partners share equal responsibilities and liabilities in the partnership firm/company. The main characteristic of general partnership
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PARTNERSHIP AGREEMENT entered into between: ___________________________________________________________________________ (full name and registration number) (“the First Partner”) and ___________________________________________________________________________ (full name and registration number) (“the Second Partner”) and ___________________________________________________________________________ (full name and registration number) (“the Third Partner”) WHEREBY IT IS AGREED
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Introduction The Indian Partnership Act‚ 1932 lays down the important provisions relating to partnership contracts. The subject of partnership is included in item 7 of the Concurrent List of in Seventh Schedule to the Constitution of India and therefore Parliament and Legislature of any State have power to make laws with respect to this matter as provided in Article 246 of the Constitution. According to the Section 4 of Indian Partnership Act‚ 1932 “Partnership is the relation between persons
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Implied @usual what is normally the authority of a particular partner @ agent. (E.g. within usual authority of an estate agent to receive deposit on behalf of the partnership‚ its considered as an authority. implied authority arises from the nature of the business. 2. Apparent/ostensible when there has been any representation by the partner through words or conduct that the agent has authority to do particular things
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An and Antonio C. Goquiolay formed a commercial partnership in Davao‚ having capital contribution of 40% and 60%‚ respectively. The business of the partnership is to engage in the buying‚ resale and lease of real estates for subdivision. Among the conditions agreed upon in the partnership agreement that are material in this case are: (1) Tan Sin An would be the exclusive managing partner and (2) in the event of the death of any partner‚ the partnership would continue‚ the deceased to be represented
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(Rs. 200 stamp paper) PARTNERSHIP DEED THIS DEED OF PARTNERSHIP IS MADE on this 12th day of January‚ 2008 by and between Mr. A S/o C R/o XYZ hereinafter referred to as Party of the FIRST PART (which expression shall deem and include his heirs‚ executors‚ administrators‚ representatives‚ assigns and agents)‚ AND Ms. B D/o D R/o XYZ‚ Party of the SECOND PART (which expression shall deem and include his heirs‚ executors‚ administrators‚ representatives
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