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Partnerships

Legal nature of a partnership


Essential elements of a partnership

 Definition:
 Legal relationship
 Contract
 Two or more
 Contribution
 Object
Law governing partnerships

 Partnerships governed by…


 Companies Act of 1973 limited size of partnership
 Companies Act 2008
 Section 8(3)
 No association of persons formed after 31 December 1939 for the purpose of
carrying on any business that has for its object the acquisition of gain by the
association or its individual members is or may be a company or other form of
body corporate unless it- (a) is registered as a company under this Act; (b) is
formed pursuant to another law; or (c) was formed pursuant to Letters Patent or
Royal Charter before 31 May 1962.
Legal nature of partnerships

 Types of partnership
 Universal and particular
 Ordinary and extraordinary

 Universal and particular


 Universal = partners in everything
 Particular = partners for specific transaction or contract
Dissolution of partnership

 Upon agreement
 May want to formalise the ending of the partnership

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