Does a partner has right not to allow admission of new partner ,if the...
Can a partner refuse to allow admission of a new partner if the partnership deed does not exist?
Partnership is a form of business organization that is formed by two or more persons who come together to carry on a business with a view to earning a profit. In a partnership, all partners have certain rights and obligations as per the partnership agreement.
Partnership Deed
A partnership deed is a legal document that outlines the terms and conditions of the partnership. It includes details such as the name of the partnership, the nature of the business, the capital contribution of each partner, the profit-sharing ratio, the rights and duties of each partner, etc.
Admission of New Partner
In a partnership, a new partner can be admitted with the consent of all the existing partners. The admission of a new partner may be necessary to bring in new expertise or capital, or to expand the business.
Right to Refuse Admission of a New Partner
If the partnership deed does not exist, the partners have the right to refuse the admission of a new partner. This is because in the absence of a partnership agreement, the partners have equal rights and are all considered to be equal owners of the business. Therefore, any decision affecting the business must be made with the consent of all the partners.
However, if the partnership deed exists, it may contain provisions that allow for the admission of new partners without the consent of all the existing partners. For example, the partnership deed may provide for a simple majority vote to admit a new partner, or it may give the managing partner the power to admit new partners.
Conclusion
In conclusion, if the partnership deed does not exist, the partners have the right to refuse the admission of a new partner. However, if the partnership deed exists, it may contain provisions that allow for the admission of new partners without the consent of all the existing partners.
Does a partner has right not to allow admission of new partner ,if the...
Yaa...without. ..signing of ..partnership deed ..one should be ..allowed ..to be admitted..