Partnership deeds play an important role in the business field. Partnership business means when two or more people work together to achieve profit. A partnership deed means an agreement between partners of a firm that describe the terms and conditions of agreement.For a smooth running business, the conditions of partnership business should be clear and understanding. Therefore the parties of partnership business or a firm make an agreement which deals with the responsibilities and duties of firm partners in business.
There is no such a clear format for a partnership deed. Generally the firm partners mention these following things.
First of all, the deed mentions which type of business will be run by the firm.
The partnership deed also mentions the duration of partnership firm. It can be for a limited period, a specific period.
At the time of partnership, firms also decide which person gets the most profit or the ratio of profit or loss among the partners.
The deed so mentions the salary package and commission of partners.
In any business, investment plays an important role. In partnership business also, Capital contribution to be made by each partner and the interest on said capital to be paid to partners.
The partnership deed also mentions the Policy regarding the drawings from the firm allowed each partner and interest, if any, to be paid by the partner, to the firm on such drawings.
The deed also describes the duties and obligation of partners before coming into partnership agreement, each partner should read his duties & obligations. Duties and obligations should be written in clear format.
In India, all partnership businesses are governed by the Partnership Act, 1932.
There are some persons who are eligible for entering in partnership deeds according to the Partnership Act, 1932.
An individual, who is competent to contract, can become a partner in the partnership firm. If there are more than two partners in a firm, an individual can be a partner in his individual capacity as well as in a representative capacity as Karta of the Hindu undivided family.
a partner of the partnership firm can enter into partnership with other persons and he can share the profits of the said firm with his other co-partners of the parent firm.
A Karta of the Hindu undivided family can also become a partner in a partnership in his individual capacity. the member can contribute his self acquired or personal skill and labour.
A company is a juristic person and therefore can become a partner in a partnership firm.
Trustees of private religious trust, family trust and trustees of Hindu mutts or other religious endowments are juristic persons and can therefore enter into partnership, unless their constitution or objects forbid
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There are various types of partnership deed
Whenever two or more persons carry out a business purpose or any of them carry it out for all of the parties. The partners share equal rights and responsibilities in relation to the business.
Limited partnerships involve one general partner with unlimited liability and other partners with limited liability. Limited partners do not have control over the daily operations of the business and they also have limited control over the business
In this partnership, each partner holds liability to the extent of their investment in the business.At the time of liquidation, partners are not personally liable to pay the firm’s debts.Limited liability partnerships are not included in the Partnership Act. This includes the Limited Liability Partnership Act 2008.
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