General Partnership Deed (Traditional Business)
Partnership Deed
THIS DEED OF PARTNERSHIP is made on this _____ day of _____, 20, at _________.
BETWEEN:
1. Mr./Ms. ____________, aged _____ years, residing at _________________ (hereinafter referred to as “First Party/Partner”)
AND
2. Mr./Ms. ____________, aged _____ years, residing at _________________ (hereinafter referred to as “Second Party/Partner”) (Collectively referred to as “Partners”)
WHEREAS the parties hereto have agreed to enter into partnership for carrying on the business of _____________ under the firm name “________________” on the terms and conditions hereinafter mentioned.
NOW THIS DEED WITNESSETH AS FOLLOWS:
- Name and Nature of Business
The partnership firm shall be known as “_______________”. The business shall consist of _______________.
- Principal Place of Business
The principal place of business shall be at _______________. Additional branches may be opened with mutual consent.
- Commencement and Duration
The partnership shall commence from ________ and shall continue until terminated as per this deed.
- Capital Contribution
- First Partner: Rs. _________ (Rupees _____________)
- Second Partner: Rs. _________ (Rupees _____________)
- Total Capital: Rs. _________ (Rupees _____________)
Capital shall be deposited in the partnership bank account within _____ days.
- Profit and Loss Sharing Ratio
Profits and losses shall be shared in the following ratio:
- First Partner: _____%
- Second Partner: _____%
- Drawings and Salary
- Each partner may draw Rs. _______ per month as salary.
- Additional drawings require the consent of all partners.
- Interest on excess drawings shall be charged at ____% per annum.
- Interest on Capital
Interest on capital shall be paid at ____% per annum.
- Bank Account and Operations
- The firm shall maintain account(s) with _____________ Bank.
- Cheques above Rs. _______ require signatures of both partners.
- Cheques below Rs. _______ may be signed by any partner.
- Rights and Duties of Partners
Each partner shall:
- Devote adequate time and attention to the business
- Act in good faith and with utmost honesty
- Not engage in competing business without written consent
- Maintain proper books of accounts
- Decision Making
- Routine decisions: Any partner may decide
- Major decisions: Unanimous consent required
- Major decisions include: admission of new partner, purchase/sale of assets above Rs. _______, borrowing above Rs. _______
- Books of Accounts
- Proper books shall be maintained at the principal place of business.
- All partners have the right to inspect and take copies.
- Accounts shall be closed on ________ each year.
- Accounts shall be audited by a qualified Chartered Accountant.
- Retirement of Partner
Any partner may retire by giving _____ months’ written notice. Settlement shall be made as per applicable law.
- Death or Insolvency
Upon the death or insolvency of a partner, the firm may be dissolved or continued with legal heirs/remaining partners as mutually agreed.
- Admission of New Partner
New partner(s) may be admitted only with the unanimous written consent of all existing partners.
- Dissolution
The firm may be dissolved:
- By mutual consent of all partners
- By notice as per clause 12
- By operation of law
- Upon death/insolvency (unless continued as per clause 13)
- Arbitration
All disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitrator shall be appointed by mutual consent.
- Notices
All notices shall be sent to the addresses mentioned above or as updated in writing.
- Governing Law
This deed shall be governed by the laws of India and subject to the jurisdiction of ________courts.
IN WITNESS WHEREOF, the parties have signed this deed on the day, month and year first above written.
SIGNED AND DELIVERED BY:
First Partner Signature: ______________ Name: __________________ Date: ___________________
SIGNED AND DELIVERED BY:
Second Partner Signature: ______________ Name: __________________ Date: ___________________
WITNESSES:
- Signature: ______________ Name: __________________ Address: ________________
- Signature: ______________ Name: __________________ Address: ________________