What is a Partnership Firm? Rights and Duties of a Partners in a Partnership Firm

Introduction

Every partner involved in the firm’s business has mutual rights and obligations as a result of this Sections 9 to 17 of the Indian Partnership Act of 1932 outline the requirements controlling all partners’ mutual relationships. These relationships are controlled by a pre-existing contract between parties, which may be implied or expressed via the course of business. Depending on the approval of all parties, the agreement may change. This article focuses on the rights and duties of partners in a Partnership Firm.

Before understanding about the Rights and Duties of a Partners in a Partnership Firm, let’s have a quick look at “What is a Partnership Firm?”

What is a Partnership Firm?

Individuals who have formed a business partnership with one another are referred to as “Partners,” a “Partnership Firm” is referred to as a “Partnership,” and the name under which their business is conducted is referred to as the “Firm Name.” The members of a partnership firm do not form a separate legal entity.

Information on Rights and Duties of a Partners in a Partnership Firm

Rights of a Partners in a Partnership Firm

• Profit-Sharing  

One of the fundamental rights of partners is to share profits and losses (if mentioned in the deed). The profit/loss sharing ratio is not always specified in the partnership agreement. In such instances, the partners might split the earnings equally and contribute equally to the losses that are experienced.

• Taking part in the Business Activity

Each partner has the right to participate in the management of the business, subject to the clause in the partnership firm registration document.

• Verifying Books of Accounts

Each partner is entitled to participate in accounting and bookkeeping. They can view, inspect, and copy any of the firm’s books of accounts and financial statements, including the trial balance, profit and loss account, and balance sheet. The right to examine, inspect, and get a copy of the books of accounts would be available to the deceased partner’s heirs, legal representative, or lawfully authorized agent in the event of his or her death.

• Partners right on Remuneration

As a result of participating in the firm’s business, no partner of the firm is entitled to receive any remuneration in addition to his share of the profits. However, this rule can be overridden by an express agreement or a series of dealings, in which case the partner is entitled to remuneration. Thus, even in the absence of a contract, a partner may claim income if it is receivable as a result of the firm’s continuous use.

In other words, when it is customary to give a partner income for operating the partnership firm’s business, the partner may claim it even if there is no contract for payment. It is typical for partners to agree that a managing partner will be compensated additionally his share, salary, or commission for the time and effort he will devote to the firm’s operations.

• Right to get Interested on Advances

If a partner makes an advance to the partnership business in excess of the amount of capital he will contribute, he is entitled to interest at the rate of 6% per year. While interest on capital accounts stops accruing upon dissolution, interest on advances continues to accrue until the date of payment. It is worth noting that the Partnership Act distinguishes between a partner’s capital contribution and his advance to the firm. The partner’s advance is treated as a loan that must be repaid-with interest, whereas the capital interest is only repaid with interest if there is an agreement to that effect.

• Right to be compensated

All of the firm’s partners have the right to be reimbursed by the firm for payments made and liabilities incurred in the usual and legitimate conduct of the firm’s business. This also includes acting in an emergency to save the company from a loss if the payments, liabilities, and actions are those that a prudent man would make, incur, or perform in the same situation.

• Outgoing partner’s right to a portion of future profits

If a partner has died or ceased to be a partner and the remaining partners carry on the firm’s business with the firm’s property without settling their accounts with the outgoing partner or his estate, the outgoing partner or his estate has the right to such share of the profit made since he ceased to be a partner as may be attributable to the use of his share of the firm’s property or inter alias, at his or his representative’s option.

• The right to dissolve the company

With the approval of all other partners, a partner in a partnership business has the authority to dissolve the partnership. Where the partnership is at will, however, any partner may terminate the firm by giving written notice to all other partners of his desire to dissolve the firm.

Know More: Types of Partners in a Partnership Firm

Duties of a Partners in a Partnership Firm

• To perform duties diligently

Every partner is legally required to attend to his duties relating to the conduct of the firm’s business, according to Section 12(b) of the Indian Partnership Act. Furthermore, Section 13(a) specifies that a partner is not entitled to remuneration for participating in the running of the business in general. A partner is also obligated to share his expertise and skills with his partners.

• To compensate for fraud

According to Section 10, a partnership firm’s partner is responsible for compensating the firm for any losses incurred by the firm as a result of a partner’s dishonesty in the conduct of the firm’s business.

• To compensate for losses and to keep track of any profit

A partnership firm’s partners are all responsible for the firm’s injury in the same proportion.

If a partner in a partnership firm makes a profit from the firm’s transactions or from the use of the firm’s property or business connections, or from the firm’s name, the partner is required to account for that profit and return it to the firm.

• Profits from competing for business must be tracked and paid for

If a partner conducts a competing business that is identical to the firm’s, the partner is accountable for all earnings generated in the business and must pay them to the firm. Any business losses will not be the responsibility of the partnered firm.

• To compensate for wilful misconduct

A partner in a partnership firm must compensate the firm for any damages or losses caused by deliberate carelessness in the conduct of the firm’s business, according to the Section.

• Other Duties of Partners in a Partnership Firm

Partners are legally obligated to continue the partnership firm’s operations. The following is a list of a partner’s general responsibilities.

1. A partner is obligated to carry on the business to the greatest possible benefit of all parties involved.

2. A partner must be ethical and faithful to his or her fellow partners.

3. A partner must provide the true account and all information about all matters affecting the Partnership Firm to any other partner or his or her legal representative.

Conclusion

The partners in a partnership are free to negotiate an agreement and determine their mutual rights and responsibilities. Because the relationship between partners in a partnership is based on absolute good faith, it is the responsibility of each partner to work for the firm’s greatest common good and to work carefully to avoid any losses.

Mutual rights of the firm are normally determined by the provisions of the agreement, but there are some rights bestowed by the act that can be canceled by entering into an agreement to the contrary if there is no clear agreement between the partners.