• Retirement from unregistered prtnership

I became partner in an unregistered firm, worked for them for 6 months and then retired on the basis of an unregistered partnership deed. I didn't invested any capital but got salary for 6 months working amounting to Rs. 60000/-. Partnership deed shows 10% share but i dont want any profit since it will be a minor amount. Now my question is that whether I should get finalised accounts from them or simply rely on the fact that i got salary and show it in my ITR. Is retirement deed sufficient for retirement?? Is retirement effectual in law?? I have retired or not?
Asked 8 years ago in Civil Law

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4 Answers

Accounts have to be settled on your retirement as partner of firm

2) Public notice has to be issued of your retirement to as partner

3) retirement deed is not sufficient for retirement

4) Section 32(3) in The Indian Partnership Act, 1932

(3) Notwithstanding the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the retirement: Provided that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner.

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Public notice is required. If public notice is not issued you continue to be liable to third parties

2) public notice is necessary where you were carrying on business as firm

3) insist on audited accounts

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The partnership and retirement shall be based on the terms of partnership deed or articles of association.

The salary what you received shall be your income which has to be shown in ITR accordingly.

you keep the retirement deed safely so that in case of any liability against the company or litigation, you can save your skin as a retired partner.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The public notice can be given to safeguard your future interests in the company.

It is not the question of what quantum of shares that you have in the company, it is based on the responsibility of a partner towards the liability on the whole.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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