Basic Identification and Business Details
These clauses establish the identity and framework of the partnership.
- Name and address of the partnership firm
- Names and addresses of all partners
- Date of commencement of the partnership
- Nature and scope of the business activity
- Duration of the partnership (fixed term or at will)
Capital Contribution and Profit Sharing
These terms define the financial relationship and entitlements among partners.
- Capital contributed by each partner (fixed or variable)
- Profit and loss sharing ratio
- Rules for additional capital or withdrawal of capital
- Interest on capital and drawings, if any
- Maintenance of capital and current accounts
Roles, Duties, and Powers of Partners
These clauses outline the day-to-day roles, authority, and obligations of each partner.
- Roles and responsibilities of each partner
- Authority to make decisions or enter into contracts
- Provisions for working partners’ salary or remuneration
- Restrictions on partners (non-compete, confidentiality, etc.)
- Guidelines for admitting or removing partners
Dispute Resolution and Exit Terms
These clauses handle conflicts and exit scenarios in a structured and legal way.
- Procedure for resolving disputes (e.g., arbitration, court)
- Retirement, resignation, or expulsion of a partner
- Handling the death or insolvency of a partner
- Buyout rights and settlement of accounts
- Rights and liabilities of continuing partners
Dissolution and Winding-Up Procedures
These terms define how the firm will close or wind up its affairs legally.
- Conditions under which the firm may be dissolved
- Process for liquidation of assets and payment of liabilities
- Distribution of remaining assets among partners
- Notice period for dissolution (if at will)
- Public notice requirement for legal protection
Additional Clauses (Optional but Recommended)
While not mandatory, these enhance clarity and operational control.
- Banking authority and cheque signing rights
- Audit and financial reporting procedures
- Insurance, indemnity, or liability clauses
- Rules for amendments to the deed
Jurisdiction clause for legal proceedings
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