Partnership Deed Format
साझेदारी विलेख प्रारूप
Overview
When to Use This Format
- When starting a partnership business with one or more persons
- To define profit-sharing ratios among partners
- For registering a partnership firm with the Registrar of Firms
- When adding a new partner or reconstituting the firm
- To establish clear terms for capital contribution and management
Key Components
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1 Partner Details
Names, addresses, ages, and PAN numbers of all partners.
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2 Firm Details
Name, address, and nature of business of the partnership firm.
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3 Capital Contribution
Amount of capital contributed by each partner and terms for additional contribution.
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4 Profit/Loss Sharing
Ratio in which profits and losses will be shared among partners.
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5 Management Duties
Roles, responsibilities, and authority of each partner in managing the business.
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6 Dissolution Terms
Conditions for dissolution, retirement of partners, and settlement of accounts.
Sample Format
Step-by-Step Guide
Agree on Terms
Partners should discuss and agree on all terms including capital, profit sharing, duties, and exit terms.
Draft the Deed
Prepare the partnership deed covering all essential clauses. Consider engaging a CA or lawyer.
Execute on Stamp Paper
Print the deed on stamp paper of appropriate value (varies by state). Both partners must sign.
Get Notarized
Get the deed notarized for authentication. This is not mandatory but recommended.
Register the Firm
Register the partnership with the Registrar of Firms. While not mandatory, it provides legal benefits.
Obtain PAN and GST
Apply for PAN card and GST registration (if applicable) in the firm's name using the partnership deed.
Important Notes
- Partnership registration is not mandatory but an unregistered firm cannot file suits against third parties.
- The deed should be on stamp paper of appropriate value as per state stamp duty rules.
- Partners have unlimited liability - each partner is personally liable for the firm's debts.
- A minor can be admitted to the benefits of a partnership but cannot be a full partner.
- The partnership deed can be amended by mutual consent of all partners through a supplementary deed.
Frequently Asked Questions
Is registration of a partnership firm mandatory?
Registration is not mandatory under the Indian Partnership Act, 1932. However, an unregistered firm cannot file a suit against third parties or other partners in court. It also cannot claim set-off in legal proceedings. Registration provides legal recognition and benefits.
What is the maximum number of partners in a firm?
For banking business, the maximum is 10 partners. For all other businesses, the maximum is 50 partners as per the Companies Act, 2013 (which limits the number of persons in a partnership).
How is a partnership different from an LLP?
In a traditional partnership, partners have unlimited personal liability for the firm's debts. In a Limited Liability Partnership (LLP), the liability of partners is limited to their contribution. LLPs also have perpetual succession and are governed by the LLP Act, 2008.
Legal Disclaimer
This format is provided for informational and educational purposes only. It does not constitute legal advice. The format may need to be adapted based on specific circumstances, applicable laws, and jurisdictional requirements. Always consult a qualified advocate or legal professional before filing any legal document. For more details, see our Disclaimer.
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