Under which Section & Act, the Central Government is empowered to prescribe a maximum number of partners in a partnership firm?
Under which Section & Act, the Central Government is empowered to prescribe a maximum number of partners in a partnership firm?
Solution
Section 464 of the Companies Act 2013 empowers the Central Government to prescribe the maximum number of partners in a partnership firm.
This provision was introduced to regulate the size of partnerships and prevent them from functioning like companies without proper regulatory oversight. Prior to this, partnerships could have unlimited members, which created regulatory challenges.
Under this section, the Central Government has prescribed that:
- Banking partnerships can have a maximum of 10 partners
- Other partnerships can have a maximum of 50 partners
If a partnership exceeds the prescribed limit, it must register itself as a company under the Companies Act 2013. This ensures that larger business entities are subject to appropriate corporate governance and disclosure requirements.
The Companies Act 1932 is outdated and has been replaced by the Companies Act 2013. Section 4 of the Companies Act 2013 deals with the memorandum of association of companies, not the maximum number of partners in partnerships.
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