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Sunday, February 27, 2011

The Existent of Partnership? (Revision Post part 2)


Assalamualaikum,

so buat sape2 yg kaye n family die ada business partner maybe nak claim kononnye die partner company tu, betul ke? so the answer would be NO as stated in s4 of the Partnership Act.

as we know the basic element of partnership as stated in s3 of the PA is the relation of persons, carrying on business, in common and with a view of profit. so if klu korang nak saman (sue) partner business tuh, jgnla saman org yg takda kaitan k.

as in s4 of PA,
(a) even relation of person are there (as in s3) but it does not create partnership!
(b) even there is associate of people of getting interest but it does not create partnership!
(c) ha ini cite pasal contoh2 yg dorang ni bukan partner for partnership tu:

  1. receiving debt ( ie ALI and ABU are partner while BABA is creditor, even BABA gain profit from ALI ABU, BABA is NOT PARTNER to them and its not amount to create partnership, so jgn saman BABA)
  2. LALA work at ALI ABU co. she got salary (profit) from that partnership but its not amount to create partnership, it just a salary from boss, ok, so saman la ALI or ABU,
  3. JANA, ALI's wife, later Ali died, the profit from ALI ABU co gift to JANA, JANA only get the annuity and not amount to create partnership, so jgn saman JANA or bakal anaknye. (The transaction where the reality as a husband make provision to their individual for the profit in the event of death and the partners have total independent to create annuity in agreement of partnership)
  4. BABA lend money to ALI ABU for their partnership and ALI ABU co agreed to pay 5% per annum, this not amount to create partnership, BABA is only a lender. (if not put in writing, it will go to s 4 (c) 1)
  5. bought a goodwill (reputation). ALI retired from ALI ABU co, but ABU still use the name of ALI ABU co. therefore, ALI is not anymore a partner to ALI ABU co as ABU bought a goodwill of ALI, dont saman ALI k. 
Case
Aw Yong Wai Choo v Arief Trading, Davis v Davis, Stekel v Ellice
(p/s: penat sial nak hafal and ingat nih!)

1 comment:

  1. dulu saya belajar law of bisness.. pening nak ingat case. hahaha

    ReplyDelete

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