Types of Partnership A partnership is an agreement between two or more people who comes together to run a business. There are different types of partnerships formed with different perspectives as mentioned: General Partnership Limited Partnership Limited Liability Partnership Partnership at will ParRead more
Types of Partnership
A partnership is an agreement between two or more people who comes together to run a business.
There are different types of partnerships formed with different perspectives as mentioned:
General Partnership
Limited Partnership
Limited Liability Partnership
Partnership at will
Partnership for a fixed term
General Partnership
It refers to the partnership where all partners actively manage the business and have unlimited legal liability. Generally, all the partners share equal profit and loss in the business and are also equally liable for the outsider’s loan.
All the partners are responsible for the business’s day-to-day operations and managerial responsibility.
If the partners decided to share profit and loss in any other ratio (unequal ratio), then they have to disclose this in a agreement called a partnership deed.
In this, debts are equally borne by selling the partners assets of all the partners. In case of dissolution, if the partnership firm has taken a loan from outsiders and does not have sufficient funds to repay the amount then the payment can be done by selling the partner’s personal property.
It can be formed by signing the partnership agreement that would be proved as evident in case of disagreement among partners. For instance, if any partner dies or leaves the firm then they should follow the content of the agreement.
A general partnership does not pay the tax instead the partners personally report their income tax return.
Limited Partnership
In a Limited partnership, all the partners contribute capital but not necessarily all of them manage the business.
The old partners add a new partner into the partnership to fulfill the financial needs of the business i.e. for capital. The rights of decision-making are issued to new partners on the basis of their contribution of capital. The new partner is not associated with day-to-day business activities. He /She is called a limited partner or silent partner.
The liability partner has limited liability to the extent of his capital. The personal assets of the limited partner can not be used for the payment of the firm’s liability.
Limited Liability Partnership
It is a more popular type of partnership in today’s world. To form an LLP you have to register under the Limited Liability Partnership Act, 2008.
In this, all the partners have limited liability to the extent of the capital investment in the business. The personal assets of the partners can not be used to discharge the liability of the partnership.
A Minimum of 2 partners are required to form an LLP. However, no maximum limit on a number of partners.
It has also some features of the company. It has a separate legal entity. The LLP can buy property in its own name and sue and be sued in its name.
LLPs are often formed by professionals like Chartered Accountants, doctors and Legal firms.
Features
- It has a separate legal entity.
- The cost of forming is low.
- It requires less compliance and regulations.
- Minimum two partners are required, no limit on the maximum number of partners.
- The partners has limited liability.
Partnership at will
Partnership at will is a form of business where there is no fixed tenure of the partnership. That means there is no expiration of the partnership. But if the partnership is formed for a fixed duration and its period has expired and still continues then it will become a partnership at will.
Partnership for a fixed term
The partnership is created for a fixed duration of the interval. After the expiration of such duration, the partnership may come to an end.
If the partners share profit and loss even after the expiration of the duration of the partnership then it will become a partnership at will.
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Meaning of Partnership Deed A Partnership Deed is a written agreement between partners who are willing to form a Partnership Firm. It is also called as a Partnership Agreement. Contents of a Partnership Deed A Partnership Deed shall mainly include the following contents: Name of the Partnership firmRead more
Meaning of Partnership Deed
A Partnership Deed is a written agreement between partners who are willing to form a Partnership Firm. It is also called as a Partnership Agreement.
Contents of a Partnership Deed
A Partnership Deed shall mainly include the following contents:
Importance of Partnership Deed
Format of a Partnership Deed
The Partnership Deed shall originally be executed on an Indian Non-Judicial stamp paper.
The format of the Partnership deed is given below with an assumption that 4 partners are forming the Partnership.
PARTNERSHIP DEED
This deed of partnership is made on [Date, Month, Year] between:
1. [First Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as FIRST PARTNER.
2. [Second Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as SECOND PARTNER.
3. [Third Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as THIRD PARTNER.
4. [Fourth Partner’s Name], [Son/Daughter] of [Mr. Father’s Name], residing at [Address Line 1, Address Line 2, City, State, Pin Code] hereinafter referred to as FOURTH PARTNER.
Whereas, the parties hereto have agreed to commence business in partnership and it is expedient to have a written instrument of partnership. Now, this partnership deed witnesses as follows:
1. BUSINESS ACTIVITY
The parties hereto have mutually agreed to carry on the business of [Description of Business Activity Proposed].
2. PLACE OF BUSINESS
The principal place of the partnership business will be situated at [Address Line 1, Address Line 2, City, State, Pin Code]
3. DURATION OF PARTNERSHIP
The duration of the partnership will be at will.
4. CAPITAL OF THE FIRM
Initially, the capital of the firm shall be Rs. [Total Partners Contribution].
5. PROFIT SHARING RATIO
The profit or loss of the firm shall be shared equally among all the partners and transferred to the partner’s current account.
6. MANAGEMENT
The [First Partner] of the firm shall be Managing Partner and he will look after all the day-to-day transactions of the firm and any legal activities in the name of the firm and the remaining partners shall cooperate to do so.
7. OPERATION OF BANK ACCOUNTS
The firm shall open a current account in the name of [Partnership Firm Name] at any bank and such account shall be operated by [First Partner] and [Second Partner] jointly as declared from time to time to the Banks.
8. BORROWING
The written consent of all Partners will be required for the partnership to avail credit facilities from any financial institution.
9. ACCOUNTS
The firms shall regularly maintain in the ordinary course of business, true and correct accounts of all its transactions and also of all its assets and liabilities, the property books of account, which shall ordinarily be kept at the firm’s place of business. The accounting year shall be the financial year from 1st April onwards and the balance sheet shall be properly audited and the same shall be signed by all the Partners. Every Partner shall have access to the books and the right to verify their correctness.
10. RETIREMENT
If any partner shall at any time during the subsistence of the partnership, be desirous of retiring from the firm, it shall be competent from his to do so, provided he shall give at least one calendar month’s notice of his intention of doing so. The remaining partner shall pay the retiring partner or his legal representatives of the deceased partner, the purchase money of his share in the assets of the firm.
11. DEATH OF PARTNER
In the event of the death of any partners, one of the legal representatives of the deceased partner shall become the partner of the firm and in the event, the legal representative shows their denial to point the firm, they shall be paid part of the purchase amount calculated as on the date of the death of the partner.
12. ARBITRATION
Whenever there by any difference of opinion or any dispute between the partners shall refer the same to the arbitration of one person. The decision of the arbitration so nominated shall be final and binding on all partners, such arbitration proceedings shall be governed by Indian Arbitration Act, which is in force.
In witness whereof, this deed of partnership is signed sealed, and delivered this [Day, Month, Year] at [City, State]:
FIRST PARTNER SECOND PARTNER
[Address Line 1] [Address Line 1]
[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]
THIRD PARTNER FOURTH PARTNER
[Address Line 1] [Address Line 1]
[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]
WITNESS ONE WITNESS TWO
[Address Line 1] [Address Line 1]
See less[Address Line 2] [Address Line 2]
[City, State, Pin Code] [City, State, Pin Code]