Partnership Deed: Partnership Agreement Between Three Partners
Partnership Deed: Partnership Agreement Between Three Partners
Partnership Deed: Partnership Agreement Between Three Partners
WHEREAS The First Party hereto have proposed to commence and carry
on business in partnership form on the following terms and conditions and
have proposed to execute this Deed.
AND WHEREAS the party of the second and third part has agreed to
become a partner in the said business on the terms and conditions
mentioned hereunder which has been executed in writing to avoid any
possible dispute/disputes either at present or in future.
5. The Profits and losses of the firm shall be __________ (Ratio) divided
between the Partners and same shall be credited to their
capital/current accounts. (IF PARTNERSHIP DEED IS SILENT THEN
PROFITS AND LOSSES WILL BE DIVIDED EQUALLY AMONG
PARTNERS).
The Net profit will mean the gross profits earned in each year less the
expenses of the management of the business including the rent of the
premises of the firm, outgoings in respect of the salaries and wages of
the staff, commission paid to others, and all other expenses incurred in
connection with the business and allowed as deductions under the
Income Tax Act.
6. The Party of the First Part has agreed to bring into the partnership
his/her capital in the form of __________immovable/movable property
described in the Schedule hereunder written and for the purpose of
his/her capital contribution it is valued at Rupees_______________
and that amount will be credited to his/her account as a capital
contribution.
The Party of the Second Part has agreed to bring into the partnership
his/her capital in the form of __________immovable/movable property
described in the Schedule hereunder written and for the purpose of
his/her capital contribution it is valued at Rupees_______________
and that amount will be credited to his/her account as a capital
contribution.
The Party of the Third Part has agreed to bring into the partnership
his/her capital in the form of __________immovable/movable property
described in the Schedule hereunder written and for the purpose of
his/her capital contribution it is valued at Rupees_______________
and that amount will be credited to his/her account as a capital
contribution.
7. The partners will contribute such further amounts towards the capital
of the firm, as may be required from- time to time. The amount to the
credit of each as his contribution to the capital of the firm
11. The Managing Partner will have the power (i) to execute any
documents on behalf of the Firm in respect of any transaction agreed
upon by the Partners, hereto (ii) to represent the Firm while dealing
with outsiders, (iii) to represent the Firm in any court matter and for that
purpose to sign and declare pleadings, affidavits and other papers, to
appoint advocates and to do all other things required to be done in that
behalf (iv) to purchase and sell articles and things in which the Firm
would be dealing for its business and (v) to do all acts and things
required for the business of the Firm except those which are required
to be done with the consent of the other partners under these presents.
12. The sleeping partner will not be bound to attend to the day-to-day
business of the Firm nor will he interfere in the day-to-day business of
the Firm but the sleeping partner will not be entitled to any monthly
remuneration.
15. Partners shall be fully authorized to admit any new partner or partners
as deem fit and requires in future but with the consent of all the present
partners.
16. In case Minor is admitted to the benefits of the partnership, the capital
contributed by him, if any subject and added to the firm’s total capital
but Liability of Minor Partner will be limited up to the amount of capital
contributed by him/her.
17. The Books of accounts and all other records of the Firm will be always
kept at the office of the Firm and will be open for inspection by any of
the partners hereto at any time. Consent of all the partners shall be
required to keep books at any other place other than Head Office.
18. The Bank Account or Accounts of the firm shall be opened in the name
of the firm and same shall be operated by _____________ (partner
name).
21. All the tangible and intangible assets of the firm including the property
described in the Schedule hereunder written, the goodwill, stock-in-
trade, benefit, of business licenses and permits, benefits of contracts
entered etc., will belong to the parties in proportion to their respective
shares in the profits of the firm and the property of the firm shall be
used by the parties exclusively for the business of the Firm.
23. Subject to what is herein otherwise provided, any party hereto shall not,
without the consent of the other –
A. Submit any dispute with any other person to arbitration or
compromise or relinquish the claim.
24. No partner shall be entitled to dissolve the partnership during the said
period of ________ years. But if any party hereto desires to retire from
the Firm, he/she shall give to the others at least one month's previous
notice to that effect and on the expiration of the notice period he shall
be deemed to have retired from the partnership.
25. If any partner retires from the Firm, he/she will not be entitled to carry
on the same or similar business as that of the Firm, within an area of
two kilometres from the office of the Firm and for a period of
________years from the date of retirement and he/she shall not carry
on any business in the same name as that of the Firm.
26. If any partner retires from the partnership, an account will be made of
the assets and profits or losses of the Firm from the end of the last
accounting year till the date of retirement and his share therein will be
ascertained in _________(CASH/KIND) and the same will be paid to
him/her in _________ (LUMP SUM/ INSTALMENTS) may be agreed
upon or in the absence of agreement as the majority may decide.
28. If any dispute or difference shall arise between the parties hereto
touching the business of the firm or interpretation of any provision
hereof or otherwise, howsoever relating to the firm and business, the
same shall be referred to __________________arbitration. (NAME OF
ARBITRATOR/ PLACE OF ARBITRATION).
29. The parties, shall, as early as possible but in any event within the
prescribed period get the Firm registered under the Partnership Act,
1932 and registered under or notified to the I. T. Office as required by
the Income Tax Act, 1961.
30. This deed is executed in four copies and one copy will remain with
each of the parties hereto.
IN WITNESS WHEREOF the parties have put their respective hands the
day and year first hereinabove written.
DATE
PLACE
1 Party
st
2 Party
nd
3 Party
rd
1.