Lack of a Written Partnership Deed
One of the most frequent and risky mistakes is starting a partnership without a formal written agreement.
- Leads to confusion about profit sharing, roles, and authority
- Makes it hard to resolve disputes legally
- Default rules under the Indian Partnership Act may apply unintentionally
- No clarity on capital contribution or withdrawal procedures
- Courts find it harder to enforce verbal agreements
Unclear Profit and Loss Sharing Arrangements
Partners often fail to properly define how profits and losses will be divided.
- Equal sharing applies by default if not specified, regardless of contribution
- May cause disputes if one partner invests more but gets equal returns
- Lack of clarity on reinvestment vs. personal withdrawal
- No provision for compensation to working partners
- Can create tax and accounting inconsistencies
No Defined Roles and Responsibilities
Without specifying each partner’s duties and powers, operational issues quickly arise.
- Partners may overstep or underperform due to undefined boundaries
- Leads to duplication of effort or important tasks being ignored
- No accountability for day-to-day decisions or strategic choices
- Disputes arise over business control and authority
- New hires or team members get confused about the reporting structure
Failure to Register the Partnership Firm
Though not mandatory, non-registration limits legal rights and protections.
- Unregistered firms cannot sue third parties or even other partners
- Partners lose enforceability of rights in court
- May face difficulties opening bank accounts or applying for tenders
- Reduced credibility with clients, investors, and government departments
- Misses out on formal recognition and statutory benefits
Ignoring Exit, Retirement, or Dispute Clauses
Many partnerships are formed in goodwill but lack planning for breakdowns.
- No defined process for partner resignation, retirement, or expulsion
- Disputes cannot be resolved without court intervention
- No clarity on the division of assets if the firm dissolves
- A partner’s death or insolvency creates legal complications
- Surviving partners face confusion in succession or business continuity
0 Comments