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Tuesday, May 7, 2013

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LAW OF PARTNERSHIP The compact flake, 1961 (Revised 1974) is similar to the English participatorship Act, 1890. A number of principles of justness arising from the English Act4 is applicable here. In fact department 47(1) of the confederation Act provides that the rules of equity and of A-virtuoso acid uprightness applicable in league shall outride in force, except so far as they are inharmonious with the take provisions of the Act. pith AND NATURE OF PARTNERSHIP union is define by section 3(1) of the Act as : the recounting which subsists amid persons carrying on a trading in common with a view of profit. Section 3(2) excludes from the statutory definition of federation, members of all bon ton or tie-in which is the apprisal between (a) registered as a guild chthonic the Companies Act, 1965 or as a co-operative society under every written law relating to co-operative societies; or (b) make or incorporated by or in pursuance of 1) all other law having accomplishment in Malaysia or any part thereof; or 2) letters patent. Royal attain or Act of the parliament of the United Kingdom. Clubs and societies as healthy as mutual benefit organisations and building societies can non be considered as partnerships. It was held in soh Hood Beng v. Khoo Chye Neo (1897) 4 SSLR one hundred xv that a Chinese contribute association is also non a partnership.
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Section 47(2) of the Act there cannot be an association of more than twenty persons formed or carrying on product line in partnership remote to section 14(3)(b) of the Companies Act, 1965. Characteristics of partnership 1. There mustiness be more than one person to constitute a partnership. Daud, for example, cannot be a partner with himself. 2. There must be an agreement between the persons, express or implied, to have a business in common. In Mollowo, March & Co v. courtyard of Wards (1872) LR 4 PC 419 at 436, To constitute a partnership the parties must have hold to carry on business, or to share profits in some way common. 142 If Daud...If you exigency to get a full moon essay, order it on our website: Ordercustompaper.com

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