Partnership Deed LECTURE # 5
Partnership agreement in writing Is called partnership deed.
It forms the basis of formation of the partnership It defines the mutual rights, duties & liabilities of the partners. It help in minimizing the areas of disputes among the partners. It serves as guidepost for the conduct of firm business.
1. 2. 3. 4. 5. 6.
Name & location of the business The nature of the business The amount of capital to be contributed by each partner. Provisions of reinvestments in business. The duties, power & obligations of all the partners. Length or life of the business.
1. The method of distribution of profit & sharing of losses. 2. Method of admitting a new partner. 3. Procedure for withdrawal of a partner. 4. The method of revaluation of goodwill on admission or retirement or death of a partner. 5. Procedure to be followed for in case a partner for managing the firm. 6. Arrangements to be followed in case a partner becomes insolvent.
1. Salary, if any, payable to the 3. 4. 5. 6.
partners for managing the firm. The method of preparing accounts & arrangement for audit. Procedure for the dissolution of the firm & settlement of accounts. Arbitration in case of disputes among partners. Operation of bank account.
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Common advantage Indemnity Loss caused by wilful neglect. Due diligence Provision of information
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Right to take part in management Expression of opinion Inspection of books Right to be indemnified Right to continue • Right to retire Use of property • Interest on capital Sharing of profit/loss
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Joint liability Liability of a new partner Liability of retiring partner Competitive business No private use of property
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Admission of a new partner Retirement of a partner Insolvency of a partner Death of a partner
• A minor can’t be a partner • A minor can be admitted to the benefits of partnership alone • Rights of a minor in a firm • Liability of a minor
Within 6 months of his attaining majority, he has to give notice: ii. Whether he wishes to continue as a partner or not. iii. In case he doesn’t make such announcement, he will be treated as decided to continue as a powerful fledged partner iv. When he chosen to become partner or is deemed to be partner his liability becomes unlimited with effect from the date of his admission as such.