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 ?


Asked on 8/06/09, 7:40 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 8/06/09, 7:45 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 8/06/09, 8:06 am

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]

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality in India. Rest you may get only guidance and can engage any local lawyer plz..

Regards and good luck

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Answered on 8/06/09, 2:26 pm
Pranav Desai PD Legal & Associates

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.

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Answered on 8/07/09, 1:07 am
Seshadri Srinivasan www.lawconcern.com

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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Answered on 11/02/09, 2:35 am


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