Legal Question in Business Law in India
Among all kind of partners which one has very limited liabilities (only profit sharing but not loss) ?
If A has starting a partnership business with B&C, B&C are investing capital and A is giving his technoly to run the business. If this is the case, 1) A has the right to share loss alos ? 2) and If A does'nt like to share the loss but the profit. what type of partnership it is ? 3) and how A should be mentioned in the agreement ?
5 Answers from Attorneys
you have not stated your facts right. once B n C are investing, it is but obvious that they are the main partners to the tune of percentage of profits qua their investments. if A is willing to share profits and no loss, its upto the B n C to decide whether to agree to the terms of A or not. where is the question of limited liability. it all depends upon the terms of agreement of partnership.
The Partnership agreement may stipulate :
(a) Value of A's technology contribution;
(b) fix share of his profits in the business;
(c) the losses, if any, shall be shared only by B & C.
Everything depends upon partnership agreement deed. check the same.
File a suit for partition and engage any local lawyer he will guide you properly.
Your further clarification is welcome at nominal consultation fee;
KAMAL GROVER,
Advocate (Chandigarh, India)
M: 09814110005
e-mail: [email protected]
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Regards and good luck
Read the partnership deed. If partnership deed is silent then all the patner should share the profit and loss. If you want to be a partner only for profit the partnership deed must be clearly worded.
It depends on the understanding whether A will be sharing only profits but not loss. A deed can be so worded.
However, there are other complications which you may want to avoid by consulting a lawyer.
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