Section 36 of the Indian Partnership Act, 1932 – Rights of outgoing partner to carry on competing business

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Section 36: Rights of outgoing partner to carry on competing business

  • (1) An outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not–
    • (a) use the firm name,
    • (b) represent himself as carrying on the business of the firm, or
    • (c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner.
  • (2) A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits; and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable.

Source: official text of The Indian Partnership Act, 1932 as published on India Code (PDF). All sections of the Indian Partnership Act, 1932.