Multiple choice

True test of partnership is

  1. sharing of profits

  2. sharing of profits and losses

  3. mutual agency

  4. existence of an agreement to share profits of business

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: Explanation 1 under Section 6 of the Partnership Act states that the sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not on its own make such persons partners. Option (2) is incorrect: Explanation 2 under Section 6 of the Partnership Act states the receipt by a person of a share of the profits of a business does not on its own make him a partner with the persons carrying on the business. Option (3) is correct: Under Section 6 of the Partnership Act, in determining whether a group of persons is or is not a firm or whether a person is or is not a partner in a firm, regard shall be given to the real relation between the parties. Option (4) is incorrect: No such agreement to share profits of business makes him a partner in the firm.