Would interest on loan be allowed in the absence of any agreement or w...
Interest on loan in the absence of any agreement or when partnership deed is silent
The Indian Partnership Act, 1932 governs the partnership firms in India. The act provides certain rules and regulations that govern the partnership firms. The partnership deed is an agreement between the partners which governs the partnership firm's operations.
In the absence of any agreement or when the partnership deed is silent, the following rules apply:
1. No interest allowed
By default, no interest is allowed on the loan given by any partner to the partnership firm. The partners cannot claim any interest on the loan amount given to the partnership firm.
2. Allowed only if agreed by all the other partners
If the partners agree to pay interest on the loan amount, it can be paid. However, the agreement should be unanimous, and all the partners should agree to it.
3. Will be paid only when there are sufficient profits
If the partnership firm is making sufficient profits, the partners can agree to pay interest on the loan amount. The interest will be paid only when there are sufficient profits.
4. Allowed @ 6% p.a.
If the partnership deed is silent on the interest rate, the partners can agree to pay interest @ 6% p.a. This is the default rate specified in the Indian Partnership Act, 1932.
Conclusion
In conclusion, if the partnership deed is silent on interest on the loan amount, the partners can agree to pay interest @ 6% p.a. The partners can also agree to pay interest if there are sufficient profits, or if all the partners unanimously agree to it.
Would interest on loan be allowed in the absence of any agreement or w...
According to Indian Partnership Act 1932,
no int. will be allowed or charged for the capital and drawings
BUT if there is a loan irrespective of whether there is a specific rate or not, in the absence of the deed , will be provided @6%p.a.