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A partnership deed states the understanding between an owner and an acquiring buyer. When there are more than two partners in a business transaction, the prescription of a written agreement, known as a partnership deed, defines shares for profit and loss. The partnership agreement of these business partners is generally said to be a partnership firm.

By having a partnership deed, it will fulfill the legal obligations of a partner toward the firm. There is no registration requirement for partnership deeds as they can be used in any manner.

Merits of a Well-Constructed Partnership Deed:

  • It adjusts and balances the privileges, duties, and responsibilities of all partners.
  • Prevention of Embarrassment and Mischievous Misinterpretation between partners because the terms of the alliance are pre-contracted.
  • Clearing up confusion that can arise during disputes amongst associates by referring to terms mentioned in the deed.
  • Demystifies uncertainties about profit-loss ratios among partners.
  • Describes explicitly the precise jobs to be done with each partner having a very clear job description.
  • Articles of Partnership Deed simplify the remuneration of partners and interests of partners who are capital investors.

It is advisable to have a well-drafted partnership deed rather than relying on oral agreements.

Characteristics of Various Types of Partnership Deeds

General Partnership (GP)
  • A general partnership is generally easy to form.
  • The general partnership is formed once business activity takes place; there is no state filing required for initial formation.
  • The overhead is small; no formation filing fees, state fees, or franchise tax.
  • The inclusion of all business licenses and permissions necessary for business operations.
  • It has fewer ongoing requirements since it does not necessitate annual meetings.
  • General Partnership Agreements deal with the management of partnerships, roles for partners, termination clauses, and other important provisions.
  • Keeps individual assets as well as business assets separated.
Limited Partnership (LP)
  • General partners have unlimited liability.
  • Limited partnerships require one business partner to have unlimited liability, who is also the general partner(s).
  • Limited partners have restricted liabilities towards their personal assets, which cannot be used for debts.
  • Liability amount is limited for investments made in limited partnerships.
  • Management does not include limited partners; general partners monitor daily operations.
  • The projects are usually short term. Such projects are limited and special in nature. Limited partnerships are for specialized businesses such as films, real estate planning, and family estates.
Limited Liability Partnership (LLP)
  • Business services are professional. Limited liability partnerships are created by specific specialized service businesses, including attorneys, accountants, doctors, architects, and other professionals.
  • Protection of personal assets. Personal assets under LLP cannot be used to fulfill business obligations and responsibilities. However, LLP does not protect business partners from personal liabilities. If partners are found guilty of personal malpractices, LLP cannot help in reducing the liabilities.

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Lawyer Will Get All the Necessary Information from You

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Draft Will Be Created by the Expert Team of Lawyers

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Deed Will Be Sent to You for Approval

06

After Approval You Will Be Able to Download the Deed

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Frequently Asked Questions (FAQs)

It is a deed executed between the partners and as it is an agreement between them it need not be registered with the court of law. On the other hand, it is written and it is registered as a court-certified partnership deed between the partners.

A partnership deed will be the bible in the partnership firm. Just like in companies you have a memorandum and articles of association, every partnership holds a partnership deed. It is a legal document as it states everything related to the partnership firm. It mentions the nature, purpose, date of commencement of the business, and much other information relating to a partnership firm.

Under the Indian Partnership Act, 1932, partnership firms run. It states that a relation between persons who have agreed to share the profits of the business carried on by all or any of them acting for all.