• Retirement from partnership at will

I am a chartered accountant and had entered into partnership with a firm of chartered accountants. It is written in the partnership deed that the partnership is at will and any partner can retire from the partnership by giving at least one month notice in writing to the firm. It is also written that the death or retirement from firm do not affect the firm and it cannot be dissolved unless all the partners agree in writing. 
 I had given one month notice to the partners and they have accepted my notice and acknowledged the same along by sending it to our regulator Institute of chartered accountants of India along with Form No. 18. The institute has registered the retirement in its records. Now my question is whether I need to sign any retirement deed or the giving and acceptance of notice is sufficient in case of partnership at will. I have proof of acceptance of notice.
Asked 9 years ago in Civil Law

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3 Answers

Under section 32(1) of the Indian Partnership Act, 1932, in the case of a partnership being at will, every partner shall have the right to retire by giving notice to that effect to all the other partners. .

2) In case of a registered firm, the retiring partner must give notice of his retirement to– (i) the Registrar of Firms (ii) in the Official Gazette, and (iii) in at least one vernacular newspaper circulating in the district where the firm has its principal place of business.

3) advisable to execute Deed of Retirement recording the terms and conditions of such retirement.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

1) Under section 32(1) of the Indian Partnership Act, 1932, in the case of a partnership being at will, every partner shall have the right to retire by giving notice to that effect to all the other partners. .

2) In your case, you have completed the mandatory requirement of retirement which is

a) Serving of retirement notice to other partners.

b) The retirement notice has been sent to your regulator Institute of chartered accountants of India along with Form No. 18 and also that your retirement is registered in the records of Institute of chartered accounts.

3) You also will need to sign the retirement deed with other continuing partners of the firm with respect to liabilities to third parties as under section 32 (3) of Indian partnership act, A retiring partner, however, continues to be liable to third parties even If the liability Is taken over by the remaining partners.

4) Therefore it is mandatory to have a deed of retirement signed so as to ensure that in the event of the retiring partner being held liable by a third party, the remaining partners shall indemnify him to that extent, when the liabilities are taken over by the remaining partners.

5) Also in case of a the partnership firm being a registered firm, the retiring partner must give notice of his retirement to–

(i) the Registrar of Firms

(ii) in the Official Gazette, and

(iii) in at least one vernacular newspaper circulating in the district where the firm has its principal place of business.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Hi, The firm has to execute deed of retirement in favour of you and you have to take your share in the capital then only it is valid.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

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