Thursday, September 22, 2016

'Partnership deed' or 'Article of partnership'



It is the written and registered document that represents the agreement of partnership. This document is necessary for the avoidance of future trouble or conflict.
Content of ‘Partnership Deed’:

Name of the firm and Its Address: The deed should contain of the firm and place of its business.
Name and Address of Partners: The deed should also contains the names and address of all partners.
Nature of Firm’s Business: The nature of business proposed to be carried and its limitation should be included in it.
Duration of Partnership: Timeframe of partnership should be stated in it.
Partners’ Capitals: The deed should contain the total amount of capital and contributions by each partner.
Interest on Capital: If the partners decide to change interest on their capitals, the rate should be mentioned in the deed.
Drawing and Interest on them: The deed should contain the limit of drawings by every partner and the rate of interest to be charged.
Division of Profit: Profit and loss sharing ratio should be stated in the deed.
Partners’ Salary and Commission: If the partners decide to pay salary and commission to the partners, the deed should contain the amount of salary or commission.
Rights and Duties of Partners: If any partner has some special rights and duties regarding conduct of business, these facts should also be mentioned in it.
Admission and Retirement of Partners: If any definite procedure is to be adopted at the time of admission or retirement of partner, it should be stated in it.
Death of a Partner: The procedure of calculating the amount due to a deceased partner.
Valuation of Goodwill: The method of valuation of goodwill at the time of admission, retirement or death of a partner should be also be clearly stated in it.
Accounts and Audit: The procedure of keeping accounts and their audit should also be stated in it.
Dissolution of Partnership: The deed should contain the firm and the method of the final settlement of accounts.
Arbitration Clause: In case of disputes the method of appointing arbitrators and their rights should be clearly mentioned.