Can a Company become a Partner of a Firm?
By
S. Parameswaran
Whether a Company can become or be made a partner of a firm 13 an interesting, and no less intriguing question that often projects itself for consideration in the world of corporate law. Many consultants are seen to be giving the opinion, without a moments hesitation, that it can, and the reason given is that a company is a legal entity and an artificial person in the eye of law. It is doubtful whether this opinion it correct in the light of judicial dicta as it stands today.
Now let us examine the question in greater detail. The definition section in the Indian Partnership Act, 1932 is Section 4, according to which 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The precursor of this definition section wag Section 239 of the Indian Contract Act, 1872 which stated that 'partnership is the relation which subsists between persona who have agreed to combine their property, labour o ....