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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