What is the difference between partnership at will and fixed term partnership?

The partnership firms can be commonly distinguished as a general partnership and limited liability partnership (LLP). The General Partnership can be further divided into three groups’ viz. partnership at will, particular partnership and fixed term partnership.

The agreement for PARTNERSHIP AT WILL is formed for carrying on general business and it does not specify the time for termination of partnership or duration of the partnership. It can be terminated at any time by mutual agreement. As per partnership act, a partnership at will can be dissolved by any partner serving notice in writing to other partner/s of his intention to do so.

PARTICULAR Partnership is a partnership formed for a single transaction and it would last as long as the business is not completed. If the partnership firm goes to carry on other business also in such cases (in the absence of an agreement to the contrary), the rights and duties of the partners in the other type of undertaking will continue to be the same as in the initial enterprise.

FIXED TERM PARTNERSHIP is formed for a definite period. The partnership comes to an end on a date specified in the partnership deed unless express mention in the contract to the contrary. If the business is continued beyond such expiry period, the partnership is deemed as a partnership at will. In the absence of a new agreement, the rights and duties of the partners also treated in the same way it is treated in the case of partnership at will.

Related articles
LEGAL ASPECTS OF PARTNERSHIP BUSINESS WHAT IS A LIMITED LIABILITY PARTNERSHIP? WHAT IS THE DIFFERENCE BETWEEN PARTNERSHIP AT WILL AND FIXED TERM PARTNERSHIP?
DISTINCTION BETWEEN PARTNERSHIP AND LIMITED LIABILITY COMPANY POSITION OF A PARTNERSHIP FIRM WHEN A PARTNER DIES OR RETIRES OR BECOMES INSOLVENT WHAT ARE THE EFFECTS OF NON-REGISTRATION OF A PARTNERSHIP FIRM?
WHAT ARE THE ADVANTAGES OF REGISTRATION OF A PARTNERSHIP FIRM? WHO ARE CALLED ACTIVE PARTNERS AND SLEEPING PARTNERS IN A PARTNERSHIP? WHAT ARE THE TYPES OF PARTNERS WE NOTICE IN A PARTNERSHIP?
  1. Legal rights of a minor as a partner,  Active, Sleeping partners & partners of different types, Sharing of capital deficiency by the partners (Garner V/s. Murray rule),

 

Surendra Naik

Share
Published by
Surendra Naik

Recent Posts

What is Weighted Marginal Cost of Capital?

The marginal cost of capital (MCC) is the total combined cost of debt, equity, and…

26 minutes ago

Meaning of WACC and factors affecting the WACC

The weighted average cost of capital (WACC) is the average rate that a business pays…

17 hours ago

Regulations on Interest Rate Resets on EMI based personal loans explained

The Reserve Bank of India (RBI) defines a personal loan as a type of unsecured…

18 hours ago

Determining the Proportion:  Preference V/s Equity Shares

A share is a unit of ownership in a company and has an exchangeable value…

1 day ago

Overview: Cost of Debt, Taxation, & Capital Structure

The cost of debt is the interest rate a company pays on its debt, and…

2 days ago

Various Theories/Approaches on Capital Structuring Explained

This article explains the assumptions and key aspects of approaches to capital structuring, including the…

3 days ago