In the absence of partnership deed which of the following rule is followed:
Profits and Losses are shared equally
A partnership is formed when two or more persons agree to share the profits of a business carried on by all or any of them acting for all. A partnership deed is a written agreement among the partners which specifies the terms and conditions of the partnership, such as profit/loss sharing ratio, interest on capital, interest on drawings, partners' salaries, etc.
When there is no partnership deed or the deed is silent on a particular matter, the provisions of the Indian Partnership Act, 1932 apply. These provisions lay down certain rules that govern the partnership in the absence of a specific agreement.
According to the Indian Partnership Act, 1932, in the absence of any specific agreement (partnership deed) to the contrary, the following rules apply:
Let's evaluate each option based on the rules applicable in the absence of a partnership deed:
Option 1: Interest on Capital is allowed @ 6% p.a.
This statement is incorrect. In the absence of a partnership deed, the rule is that no interest on capital is allowed to partners.
Option 2: Interest on drawing are charged @ 6% p.a.
This statement is incorrect. The rule states that no interest is charged on drawings made by partners when there is no partnership deed.
Option 3: Profits and Losses are shared equally
This statement is correct. According to the Indian Partnership Act, 1932, profits and losses are shared equally among the partners when there is no partnership deed or the deed does not specify the ratio.
Option 4: Profits and Losses are shared according to capital contribution
This statement is incorrect. Profit and loss sharing is not based on capital contribution unless specifically agreed upon in the partnership deed. In the absence of a deed, the equal sharing rule applies.
Therefore, the rule followed in the absence of a partnership deed is that profits and losses are shared equally.
| Item | Rule (Absence of Deed) |
|---|---|
| Profit/Loss Sharing | Equally |
| Interest on Capital | Not allowed |
| Interest on Drawings | Not charged |
| Partner's Salary/Commission | Not allowed |
| Interest on Partner's Loan | Allowed @ 6% p.a. |
While a partnership deed is not legally compulsory, it is highly recommended to avoid disputes among partners. It serves as a written record of the agreed terms. A partnership deed typically includes details like:
Having a clear partnership deed helps ensure smooth functioning and legal clarity for the partnership business.
The adjustment required for overvaluation of closing stock, while calculating adjusted profit for calculating goodwill is:
(A) Reduction from concerned year's profit.
(B) Reduction from next year's profit.
(C) Addition to next year's profit.
(D) Addition to previous year's profit.
Choose the correct answer from the options given below:
A partnership can have maximum 50 partners. This limit has been set by the:
If the partner’s capital accounts are fixed, where will you record drawings made by a partner out of his capital during the year?
Under rule 10 of the Companies (Miscellaneous) Rules 2014, what is the maximum number of partners a partnership firm can have?
A and B are partners their respective capitals are ₹50,000 and ₹30,000. Interest on capital is agreed @ 6% p.a. B is allowed an annual salary ₹2,500. Profit during the year prior to calculation of Interest on capital but after charging B’s salary is ₹12,500. 5% of net profit is paid to manager as commission. The amount of commission paid to manager is