Partnership deeds, in very simple words, are an agreement between partners
of a firm. This agreement defines details like the nature of the firm, duties, and rights of partners, their liabilities and the ratio in which they will divide profits or losses of the firm. Although the drafting of partnership deeds is not compulsory, it is always advised to do so. This helps in ensuring that all terms agreed by partners exist in written form on paper. Doing so can reduce disputes between partners and govern their functioning better. Unlike similar documents like articles of association of companies, partnership deeds need not be registered mandatorily. However, registration can ensure the prevention of legal challenges to its validity when disputes arise. An ideal partnership deed is comprehensive and clear about all details pertaining to the functioning of a firm. It should not contain any ambiguities. Contents of Partnership Deeds Although there is no specific format prescribed for drafting a partnership deed, a typical deed contains the below mentioned clauses. 1. The name and Address of the firm 2. Name and details of all partners 3. Nature of Business 3. Date of commencement of business 4. Duties of each Partner 4. Duration of the firm’s existence 5. Capital contributed by each partner 6. Profit/loss sharing ratio 7. Interest on capital payable to partners 8. The extent of borrowings each partner can draw 9. Salary payable to partners, if any 10. The procedure of admission or retirement of a partner 11. The method used for calculating goodwill 12. Preparation of accounts of the firm
13. Mode of settlement of dues with a deceased partner’s executors
14. The procedure followed in case disputes arise between partners
Absence of a Partnership Deed
In case partners do not adopt a partnership deed, the following rules will apply:
The partners will share profits and losses equally.
Partners will not get a salary. Interest on capital will not be payable. Drawings will not be chargeable with interest. Partners will get 6% p.a. interest on loans to the firm if they mutually agree.