PARTNERSHIP AGREEMENT

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PARTNERSHIP AGREEMENT

A Simple Partnership Agreement is necessary as a foundation of your business partnership.  This agreement ensures that your interests, and that of your partners, protected. Apart from reflecting clearly what business terms the partners agree on, this agreement also provides guidance to mediate any disputes that may arise. 

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A SIMPLE PARTNERSHIP AGREEMENT INCLUDES

An agreement that covers off all the essentials.

Clauses cover:

  • Commencement
  • Place of business
  • Business Names
  • Retirement of partners
  • Equal shares
  • Capital
  • Further capital
  • Partnership Asset
  • Bank
  • Bank account
  • Outgoings and expenses
  • Net profits
  • Duties of partners
  • Execution of documents
  • Personal debts
  • Financial records
  • Annual and quarterly accounts
  • Dissolution of partnership
  • Death of partner
  • Assignment
  • Dispute resolution
  • Notices
  • SCHEDULE contains
    • Date of agreement
    • Parties
    • Commencement of partnership
    • Name of partnership
    • Address of partnership business
    • Description of partnership business

7 pages long.

PARTNERSHIPS

The following guide is intended as a basic overview and not a detailed treatment of the topic of partnership.

Overview

It is not necessary to have a written agreement for a partnership to come into existence. The existence of a partnership can be inferred from the facts or the conduct of its members.

Relevant law

The law of partnerships is contained in the common law and the various Partnership Acts in each state. The various Partnership Acts listed below are all relatively short and are designed to work together with the common law. The state acts are similar and they are mainly statutory consolidations of the common law and equitable rules. The content of the Acts should be read together with common law principles or equitable rules that have come into existence after the time the various Partnership Acts were passed.

The law of partnership, therefore, is not just what is contained in the Acts. Partnership law in its current form is an amalgamation of statute, common law and equity.

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