Just what you need to understand about partnership agreements
What is a partnership deed, exactly?
A partnership firm is one of the various legal choices open to entrepreneurs looking to launch a business. A partnership deed is the legal instrument that links two professional partners together.
Meaning of a partnership deed
The partners in a firm should sign a partnership deed, which would be a recognized legal document that clearly specifies the responsibilities and obligations of each party involved in the partnership, to summarize the future working arrangement and structure of the partnership.
Registration of a partnership deed
A partnership deed, as previously stated, should be filed with the sub-registrar in order to be legally legitimate and enforceable on all involved parties. To have the partnership deed registered, the parties would also have to pay a stamp duty.
Also it’s worth noting how, whereas the partners are required to have the partnership deed notarized, it’s in their best interests to get the partnership deed registered before a magistrate. It gives the paper legal standing; a deal of this importance must be legally enforceable.
Legalities of a partnership deed
A partnership deed is a document that outlines the structure, characteristics, and contract terms of a business partnership among its parties. Also it includes conditions such as profit-sharing, salaries, the partners’ responsibilities, the departure procedure, the admission of new partners, and etc, and so might be referred as the company blueprint.
A partnership deed is defined as “an agreement between individuals who’ve already decided to share earnings of the business is carried on by all or any one of them acting for all” under Section 4 of the Partnership Act of 1932.
Although company partners can start joint ventures before creating a formal agreement, given the intricacy of business activities, it is legally required to have a deed drafted.
| Deed of Partnership: | An agreement between people who have agreed to split the profits from a firm that is run by all of them or by one of them acting on behalf of all of them. |
| Fees for registration: | Each partner must sign an affidavit on Rs 10 stamp paper. Rs. 3 in court fees |
| Duty on stamps: | Depending on the state, prices range from Rs 200 to Rs 10,000. |
Contents of a partnership agreement
Despite the fact that the format of a partnership deed might differ, the document must generally cover the following elements in the lack of any established standard:
- Business specifics
- The duration of the collaboration
- Salary and commission information
- Ratio of profit/loss distribution among partners
- Partners’ monetary contribution and interest on the capital to be paid to partners
- Details of the drawings created by the partners
- Partners’ rights and responsibilities
- Admission, retirement, and exit policies for partners
- Loan information
- Accounts information
Partnership deed must be registered
Though it is not required to register a partnership deed, partners have to do so in order for the instrument to be legally binding. Because the partnership has no monetary worth, the partners are only needed to pay a modest court fee and stamp duty to register the partnership deed. All partners must sign an affidavit on 10-rupee stamp paper stating their clear intent to form a partnership. A court fees stamp of Rs 3 must also be placed to the application form.
Documents required for the registration of a partnership deed
These following documents are needed to register a partnership deed:
- In the required format, fill out the application form
- Deed of partnership
- Affidavit of acknowledgement, attested by a notary, of all the mentioned information
- Proof of office address
- Proofs of the partners’ identities
- Address the partners’ proofs
- Photographs of the couples are available
Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.
