Partnership Deed
Question 2: What is a Partnership Deed? What are its main elements? Which rules apply in its absence?
Answer: Definition of Partnership Deed
A partnership is established through an "agreement" which can be either written or oral. However, partners usually prefer a written agreement so that any future disputes can be settled easily.
Main Elements of a Partnership Deed
1. Capital:-The deed specifies the amount of capital contributed by each partner to the firm.
2. Interest on Capital:-The deed specifies the rate of interest to be paid on the capital invested by the partners.
3. Drawings:-The deed specifies the whether partners can withdraw money for personal use or not and, if so, to what limit.
4.Interest on Drawings:- The deed specifies If partners withdraw money, the rate of interest that will be charged on those drawings.
5. Loan:- The deed specifies whether loans can be taken from partners or given to them.
6. Interest on Loan :- The deed specifies the the rate of interest to be paid if the firm takes a loan from a partner.
7. Valuation of Goodwill :- The deed specifies the method to be used for valuing goodwill on various occasions (like admission or retirement).
8. Partners' Capital Accounts :-The deed specifies the method (Fixed or Fluctuating) to be used for maintaining the partners' capital accounts.
9. Rules for Admission of a Partner:- The deed specifies the rules and conditions to be followed if a new partner joins the firm.
10. Profit & Loss Ratio (P/L Ratio):- It specifies how the profits or losses of the firm will be distributed among the partners.
Rules applied in the Absence of a Partnership Deed
When there is no written agreement, the following rules will be applied in the absence of partnership deed.
1.Equal P/L Ratio: Profits and losses are shared equally among all partners.
2.No Salary:- No partner is entitled to any salary or remuneration for taking part in the business.
3.Interest on Loan:- A maximum of 6% per annum interest is allowed on loans provided by partners to the firm.
4.Right to Participate in Management:-Every partner has the right to participate in the conduct of the business.
5.Use of Assets:- The assets of the firm shall be used exclusively for the purposes of the business.
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