CAIIB · BRBL

PARTNERSHIP FIRMS & MOA and AOA, DOCTRINE OF ULTRAVIRE, INDOOR MANAGEMENT, CONSTRUCTIVE NOTICEAND RTI

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Banking Regulations and Business Laws — CAIIB.

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Q

What is the minimum number of persons required to form a partnership firm under the Indian Partnership Act, 1932?

A

A minimum of two persons are required to form a partnership firm. The maximum limit is 50 partners as per the Companies Act, 2013.

Q

What is the maximum number of partners allowed in a partnership firm under the Companies Act, 2013?

A

Maximum 50 partners allowed in a partnership firm.

Q

Which Act governs partnership firms in India?

A

Partnership firms in India are governed by the Indian Partnership Act, 1932. It 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.

Q

What is a 'nominal partner' in a partnership firm?

A

A partner who lends name but contributes no capital or management.

Q

What is a Partnership Deed and why is it important for banks?

A

A Partnership Deed is a written agreement among partners specifying terms such as profit-sharing ratio, capital contribution, and authority of partners. Banks rely on it to determine which partners are authorised to operate the firm's account.

Q

What is a 'sub-partner' in the context of partnership law?

A

A partner who shares profits with a third party outside the firm.

Q

What is the Doctrine of Ultra Vires in the context of company law?

A

The Doctrine of Ultra Vires holds that any act performed by a company beyond the powers specified in its Memorandum of Association is void and cannot be ratified even by a unanimous shareholder resolution. It protects shareholders and creditors by limiting a company's activities to its stated objects.

Q

What does the Memorandum of Association define for a company?

A

It defines company's name, objectives, and capital structure.

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