Question
Two years ago Gopal started manufacturing low fat, sugar-free ice-cream on a small scale basis in his home town, Vishakhapatnam. After some time his ice-cream became popular among health conscious young customers and old persons specially those having diabetes or some heart ailment. Because of the popularity of the ice-cream, the demand has increased manyfold. Gopal is unable to meet the same, because of his limited managerial ability and limited capital. Gopal also felt that whenever he fell sick his business was temporarily closed. To overcome this problem he decided to admit in the business his friend Mohan who has recently completed his MBA and is ready to invest money for the expansion of the business. Mohan advised Gopal to get their firm registered.
  1. State three limitations indicated in the above para from which Gopal’s business suffered.
  2. Why did Mohan advise Gopal to get the firm registered?

Answer

  1. Limitation from which Gopal’s business suffered are:
  1. Limited capital.
  2. Limited managerial ability.
  3. Limited continuity.
  1. Consequences for non–registration of a partnership firm:
  1. A partner cannot file a suit in any court against the firm or other partners for the arising from a contract or right conferred by the Partnership Act.
  2. A right arising from a contract cannot be enforced in any Court by or on behalf party.
  3. Further, the firm or any of its partners cannot claim a set off (i.e. mutual adjustment of parties to one another) or other proceedings in a dispute with a third party.

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