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alka-sehrawat
I need to create a business partnership agreement. How is it made? Is there a specific format for it or something else?
From India, Gurgaon
Dinesh Divekar
7863

Dear Alka Sehrawat,

This is an HR forum and queries related to HR activities are addressed here. Your query does not fall within the purview of HR Management. I wish you had chosen the right forum.

While raising the query, I wish you had given adequate information, such as the nature of the business, whether the partner will the partner be a sleeping or an active partner, investment proportion, method of sharing the profit, etc.

I recommend that you approach a practising lawyer who drafts the business agreements. Drafting an agreement requires a demonstration of the power of anticipation, and it is not the job of a novice. If the contracts are incomplete, flawed, or poorly worded, then the fights and disputes could erupt at a later stage. As the flaws are discovered much later, either partner or both, carry a sense of bitterness and damage cannot be undone. Therefore, the essence of drafting the contract lies in foreclosing discord in the future, and to do so, it is important to choose a competent advisor.

Thanks,

Dinesh Divekar

From India, Bangalore
raghunath_bv
156

Dear Alka-Sehrawat,
How agreement is made
Establishing a well-crafted business partnership agreement is a critical step in formalizing a collaborative venture. This legal document serves as the foundation for a successful partnership, outlining the rights, responsibilities, and expectations of all involved parties. While there may not be a single, universal format, there are essential elements that should be included to ensure a comprehensive and legally binding agreement.

At the outset, the agreement should clearly define the partnership's structure, including the names and roles of the partners, the percentage of ownership, and the decision-making process. This provides a clear understanding of the power dynamics and ensures that all partners have a voice in the venture's direction.

Next, the agreement should address the financial aspects of the partnership, such as the initial capital contributions, profit and loss sharing, and the procedures for withdrawing or adding new partners. This section should also address the handling of debt, assets, and any potential exit strategies or dissolution of the partnership.

Additionally, the agreement should outline the scope of the partnership's activities, the geographic areas of operation, and any exclusivity or non-compete clauses. This helps to establish the boundaries and limitations of the partnership, ensuring that all partners are aligned on the venture's objectives and strategic focus.

Provisions for managing day-to-day operations, including decision-making processes, dispute resolution mechanisms, and the handling of confidential information, are also crucial elements of a comprehensive partnership agreement. These details help to mitigate potential conflicts and ensure the smooth functioning of the business.

Finally, the agreement should address the legal and regulatory considerations, such as compliance with applicable laws and the inclusion of liability limitations and indemnification clauses. This protects the partners and the partnership as a whole from unforeseen legal risks.

In summary, a well-crafted business partnership agreement is essential for establishing a strong foundation for a collaborative venture. While the specific format may vary, the key is to ensure that the agreement covers the critical aspects of the partnership, providing a clear road-map for success and a framework for addressing potential challenges. Consulting with a legal professional can be invaluable in ensuring that your partnership
Thanks

From India, Bangalore
raghunath_bv
156

Dear Alka Sehrawat,

A sample format of the business partnerhsip deed
Deed of Partnership

This deed of partnership is made on [Date, Month, Year] between:
1. [First Partnerís Name], [Son/Daughter] of [Mr. Fatherís Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as FIRST PARTNER.
2. [Second Partnerís Name], [Son/Daughter] of [Mr. Fatherís Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as SECOND PARTNER.
3. [Third Partnerís Name], [Son/Daughter] of [Mr. Fatherís Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as THIRD PARTNER.
4. [Fourth Partnerís Name], [Son/Daughter] of [Mr. Fatherís Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as FOURTH PARTNER.

Whereas, the parties hereto have agreed to commence business in partnership and it is expedient to have written instrument of partnership. Now this partnership deed witnesses as follows:

1. BUSINESS ACTIVITY
The parties here to have mutually agreed to carry on the business of [Description of Business Activity Proposed].

2. PLACE OF BUSINESS
The principal place of the partnership business will be situated at [Address Line 1, Address Line 2, City, State, Pin Code]

3. DURATION OF PARTNERSHIP
The duration of the partnership will be at will.

4. CAPITAL OF THE FIRM
Initially the capital of the firm shall be Rs. [Total Partners Contribution].

5. PROFIT SHARING RATIO
The profit or loss of the firm shall be shared equally among all the partners and transferred to partnerís current account.

6. MANAGEMENT
The [First Partner] of the firm shall be Managing Partner and he will look after all the day to day transaction of the firm and any legal activities in the name of the firm and the remaining partners shall co-operate to do so.

7. OPERATION OF BANK ACCOUNTS
The firm shall open a current account in the name of [Partnership Firm Name] at any bank and such account shall be operated by [First Partner] and [Second Partner] jointly as declared from time to time to the Banks.

8. BORROWING
The written consent of all Partners will be required for the partnership to avail credit facilities from any financial institution.




9. ACCOUNTS
The firms shall regularly maintain in the ordinary course of business, true and correct accounts of all its transactions and also of all its assets and liabilities, the property books of account, which shall ordinarily be kept at the firmís place of business. The accounting year shall be the financial year from 1st April onwards and the balance sheet shall be properly audited and the same shall be signed by all the Partners. Every Partner shall have access to the books and the right to verify their correctness.

10. RETIREMENT
If any partner shall at anytime during the subsistence of the partnership, be desirous of retiring from the firm, it shall be competent from his to do so, provided he shall give at least one calendar month notice of his intention of doing so. The remaining partner shall pay to the retiring partner or his legal representatives of the deceased partner, the purchase money of his share in the assets of the firm.

11. DEATH OF PARTNER
In the event of the death of any partners, one of the legal representatives of the deceased partner shall become the partner of the firm and in the event the legal representative show their denial to point the firm, they shall be paid the part of the part of the purchase amount calculated as on the date of the death of the partner.

12. ARBITRATION
Whenever there by any difference of opinion or any dispute between the partners the partners shall refer the same to an arbitration of one person. The decision of the arbitration so nominated shall be final and binding on all partners, such arbitration proceedings shall be governed by Indian Arbitration Act, which is in force.


In witness whereof, this deed of partnership is signed sealed and delivered this [Day, Month, Year] at [City, State]:


FIRST PARTNER SECOND PARTNER


[Address Line 1] [Address Line 1]
[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]


THIRD PARTNER FOURTH PARTNER


[Address Line 1] [Address Line 1]
[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]


WITNESS ONE WITNESS TWO


[Address Line 1] [Address Line 1]
[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]

Thanks

From India, Bangalore
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