Partnership Deed

Partnership Deed

Partnership Deed is a written agreement among the partners for managing the affairs of a partnership firm Business .

Definition of partnership Deed

Partnership Deed’ is a written statement (Document) which contains the terms and conditions governing the partnership firms business.

Every firm can frame its own partnership deed in which the objective of partnership business, contribution of capital by each partner, ratio in which the profits and the losses will be shared by the partners, rights, duties and liabilities of the partners are stated in detail. It helps in settling-up the disputes arising among the partners during the general conduct of partnership business.

Read in Hindi : साझेदारी विलेख/ संलेख

Key points of Definition of partnership Deed

  • Partnership Deed is an agreement.
  • It contains terms and Conditions of the agreement.
  • Partnership Deed contains the objective of partnership business.
  • It includes agreement on profit sharing ratio.
  • It contains the rights, duties and liabilities of the partners.
  • A written form is called ‘partnership deed’
  • Partnership Deed is also called ‘ Articles of Partnership’
  • It can be oral or written but, written is considerred good.

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Main Contents of Partnership Deed

(i) Name and address of the partnership firm.

(ii) Nature and objectives of the business.

(iii) Name and address of each partner.

(iv) Ratio in which profits and Losses is to be shared.

(v) Capital contribution by each partner.

(vi) Rate of Interest on capital if allowed.

(vii) Salary, bonus, commission or any other remuneration to partners, if allowed.

(viii) Rate of interest on loans and advances by a partner to the firm.

(ix) Drawings of partners and rate of interest charged on drawing.

(x) Method of valuation of goodwill

(xi) Settlement of disputes by arbitration (Mediation);

(xii) Settlement of accounts at the time of retirement or death of a partner.

(xiii) Circumstances (situation or condition) in which the firm can be dissolved.

(xiv) Settlement of accounts at the time of dissolution of a firm.

(xv) Admission of a new partner.

(xvi) revaluation of assets and  liabilities on the reconstitution of the partnership i.e. on the  admission, retirement or death of a partner;

(xvii) Rights, duties and liabilities of the partners

(xviii) Bank Account Operation.

(xix) Accounting period.

(xx)Period of Partnership (If any)

(xxi) Retirement of a Partner.

(xxii) Any other matter relating to the conduct of business.

Normally, the partnership deed covers all matters affecting relationship of partners amongst themselves. However, if there is no express agreement on certain matters, the provisions of the Indian Partnership Act, 1932 section (13b) shall apply.

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Accounting rules applicable in the absence of Partnership deed

Provisions of the Indian Partnership Act, 1932 are applied ( section 13 b)
  • Profit sharing Ratio : Profits and losses would shared equally among partners.
  • Interest on capital : No interest on capital would be allowed to partners. If there is an agreement to allow interest on capital it is to be allowed only in case of profits.
  • Interest on drawings: No interest on drawings would be charged from partners drawing.
  • Salary,Bonus, Commission: No salary or commission and bonus and any other remuneration is to be allowed to partners.
  • Interest on Loan : If a partner has provided any Loan to the firm, he would be paid Interest at the rate 6% p.a. This interest on loan is a charge against profits i.e. it is to be allowed even if there are losses to the firm.
  • Admission of a new partner: A new Partner can be admitted only with the consent of all the existing (old) partners.
  • Right to participate in the business: Each partner has a right to participate in the proceedings of the business.
  • Inspection of the accounts of the firm: Each partner has the right to inspect the accounts of the firm and can have a copy of the same.

       Any of the above provisions can be changed by the partners after an agreement.

JK BHARDWAJ 

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