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Advance
Financial Accounting
(FIN-611)
VU
LESSON
# 18
ESSENTIALS
OF PARTNERSHIP
The
law governing partnership is contained in
the Partnership Act, 1932.
Section 4 of
the
Act defines partnership as "the relation
between persons who have
agreed to share
the
profits of a business carried on by all
or any of them acting for all".
The
following are the essential
elements of partnership:
1.
There must be an agreement entered into
by all the persons
concerned.
2.
The agreement must be to share
the profits of a
business.
3.
The business must be carried on by all or
any of them acting for all.
All these
elements must be present before a
partnership can come into existence. If
any of them
is not
present, there cannot be formed a
partnership.
Partnership
agreement
Partnership
is the result of an agreement.
The agreement among the
partners that sets
out
the terms on which they have
agreed to form a partnership is called
partnership
agreement.
It may be in writing or by words of mouth or be implied from
the course of
conduct
of the parties. It is desirable to
have the partnership
agreement in writing to
avoid
future disputes. The document in writing
containing the various terms
and
conditions
as to the relationship of the
partners to each other is
called the
`partnership
deed'.
The following clauses are normally
included in partnership
agreement.
1.
Name under which
business of the firm is to be carried
on.
2.
Nature
of partnership business.
3.
The
capital of the firm and the
proportion in which it is to be contributed
by
each
partner.
4.
Ratio
in which profits and losses are to be
shared by partners.
5.
Rate
at which interest is to be allowed on the
capital and charged on
the
drawings.
6.
Amount, which
each partner is allowed to withdraw in
anticipation of,
profits
from the business for private
expenses and the timing of
such
drawings.
7.
Amount of
salaries and other allowances if any
payable to partners.
8.
Commencement
and duration of partnership.
9.
Whether
the capital accounts are to
be fixed or fluctuating.
10.
Valuation
of goodwill at the time of
retirement or death of a
partner.
11.
The
method of ascertaining the amount due to
the retiring partner or
the
representative
of a deceased partner at the
time of retirement or death
and
the
manner in which the amount due will be
paid.
12.
Keeping
of proper books of accounts and
preparation of balance
sheet.
13.
Audit of
the accounts of the firm and
the manner of appointment of
auditor.
14.
Right
and duties of partners.
15.
Arbitration
clause, laying down the
procedure to be followed for
the
settlement
of disputes among the
partners.
84
Advance
Financial Accounting
(FIN-611)
VU
Question
X, Y and Z
set up a partnership firm on 1-1-2005.
They contributed Rs. 150,000,
Rs.
120,000 and
Rs. 90,000 respectively as their
Capitals and decided to share
Profit & Loss
in
the ratio of 3: 2: 1.
The
partnership deed provides
that A is to be paid a salary of
Rs. 3,000 per month
and
B a
commission of Rs. 15,000. It
also provides that interest
on Capital be allowed at 6%
per
annum. The drawings and Interest on
drawings for the year were
as follows:
Partners
Drawings
(Rs.)
Interest
on drawings
(Rs.)
A
18,000
810
B
12,000
540
C
6,000
270
The
Net amount of Profit as per Profit &
Loss account for the year
2005 was Rs.
106,980.
Required:
You
are required to prepare a
Profit & Loss Appropriation
Account and Partner's
Capital
Account after passing
necessary Journal
entries.
85
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