Legal Question in Banking Law in India
partnership
A partnership firm consist of 3
major parttners. Two minors have
been admitted to the benefit of
partnership. Our firm has given a
loan to the above partnership firm
for which documents signed by the
major partners have been
obtained. Their personal guarantee
has also been obtained. Now one
of the minor has attatined majority
and he elects to continue as a
partners. Should we get loan
documents signed by the said
partner also who has attained
majority. What are the legal
consequences applicable in the
case.
5 Answers from Attorneys
Re: partnership
you should get the documents signed from the partner who has attained the majority. normally, a minor when attains majority and elects to be working working partner, he becomes liable for all the libillties from the day, he elects to remain in partnership, however, it is advisable to get the documents signed to avoid any technicality of law arising in future.
Re: partnership
The arrangement may continue as before.
Re: partnership
If a minor opts on attainment of majority to continue as a partner, he becomes liable for the acts/liabilities of the firm from the date he was admitted to the benefits of the firm as a minor. However it is prudent to get his acknowledgment of the liability of the firm as also get his personal guarantee after he chooses to continue as a partner after attainment of majority.
Re: partnership
Not mandatorily required but it is recommended.
Re: partnership
Actually the decision is fo other partners to take as they have both options.
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