Matters to go into a Partnership Agreement
- Names and addresses of partners
- The fact that the partners are to form a partnership on (date)
- The nature of the business
- The place of the business
- The name of the partnership
- The capital introduced into the partnership
- Whether interest is to be paid in the partners capital and if so the rate
- Whether the partners are to be paid a salary before divisions of the profits
- The way the profits are to divided up. (after any interest and salaries)
- Drawing rights (how much each partner may take out)
- The bank
- Proper books to kept / All partners to have access
- Partners shall be fair and open with each other
- Details of Partnership management and conduct of meetings
- Formal provisions regarding admission of new partners
- What time to be devoted to the business. Partners shall not work outside the partnership with out written consent
- No partner to lend money or mortgage assets of the partnership without agreement of others
- Limit on partner ability to order goods or services on behalf of the partnership without consent of the other partners
- Reasons for (i.e., breach of terms, bankruptcy, incapacity, or death) dissolution of the partnership
- Method of paying off partner upon dissolution:
i.e., repaid value of his capital account over 3 years in 6 equal installments commencing 6 months after departure. (However beware of clauses by which remaining partners are required to buy out deceased partners as this can destroy your claim for Inheritance Tax business property relief) - Requirement to give 6 months notice of desire to leave the partnership
- Application of English partnership law
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