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Q.Sonam and Sameer decided to begin a food processing business in District Kangra of Himachal Pradesh. Help them in developing the partnership deed to avoid any dispute in future.

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Advise Sonam and Sameer to prepare a partnership deed — the written agreement that records every term of their partnership — so that misunderstandings are avoided later; it should spell out the firm's details, each partner's capital and duties, profit-sharing, and the rules for admission, retirement, dissolution and dispute-settlement.

Why a partnership deed

A partnership is a voluntary association of people coming together for common objectives. To avoid misunderstandings later, it is essential to have a clear agreement covering the terms and conditions among the partners. Although an agreement may be oral, a written agreement is advisable because it serves as evidence of what was agreed. This written agreement is called the partnership deed. For Sonam and Sameer, starting a food-processing business in District Kangra, a well-drafted deed is the best safeguard against future disputes.

What their partnership deed should contain

Help them include the following:

  • Name of the firm: the name under which their food-processing business will operate.
  • Nature of the business and its location: food processing, based in District Kangra, Himachal Pradesh.
  • Duration of the business: whether it is for a fixed period, a particular purpose, or at will.
  • Investment (capital) made by each partner: how much Sonam and how much Sameer each contribute.
  • Distribution of profits and losses: the ratio in which they will share profits and bear losses.
  • Duties and obligations of the partners: what each partner is responsible for (for example, one may handle production and the other marketing).
  • Salaries and withdrawals of the partners: any remuneration and how much each may draw from the firm.
  • Terms on admission, retirement and expulsion of a partner: how a new partner may join and how a partner may leave or be removed.
  • Interest on capital and interest on drawings: whether interest is allowed on capital contributed and charged on drawings.
  • Procedure for dissolution of the firm: how the firm will be wound up if they decide to close it.
  • Preparation of accounts and their auditing: how the books will be maintained and checked. …

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