“Partners for life!” These are the words uttered by many a pair of friends during our college days when we’re sitting on the last bench and coming up with great collaboration ideas for the future. Many of us even proceed further with our thoughts, set up businesses together, and develop a picture of our own. During our business setup, we have to register our business officially with an agreement, which is when the company is recorded as a partnership firm under legal terms. Partnership Business is an easy and cost effective way to set up your business. Check out the Partnership agreement details to set up yours today. 

Indian Partnership Act, 1932 

According to the Partnership Act 1932, the Ministry defines Partnership as the relationship between people who have agreed to share the profits of a business carried on by all or acting for all. Individually, they are called partners in a firm, and collectively, they are a firm. All the partners will be liable for their profits, losses, and risks in a partnership organization, and this is a collective form of protection to all the firm partners. 

Types of Partnerships in India

General Partnership

These types of partnerships include the rights of all the partners in equal decisions for the management of the firm and partake of equal liability. When the association is formed without a time of closure, it is known as Partnership at will, and the Partnership can continue until the partners decide otherwise. Particular affiliations include a deadline through which they achieve a specific goal, and they can dissolve the Partnership.

Limited Liability Partnership

This organization is governed under the Limited Liability Partnership Act, 2008. Under this Act, an individual is only liable for the profits or losses of their contribution and not the entire company’s. They will be liable to pay for the firm’s loss through their company contribution and not from their assets. 

Incorporated Limited Partnership

This is the Partnership where they must be at least a general partner who will take up the responsibility for the unlimited liability of the company, even while the other partners would only compensate for their share of the loss.

Types of Partners in an organization

  • Active Partner 

This partner in an organization takes complete responsibility for the management and functioning of the organization and is liable for any profit/loss that occurred by the company. 

  • Sleeping Partner 

This partner would be consulted during major decisions or investments in the company, but otherwise, as the name suggests, they do not take part in its management. They are still liable for any of the profits/losses that occurred by the organization.

  • Nominal Partner

The partner in the organization would not be liable for any profit or loss and will not take part in the organization’s management. They are for Namesake only, and their name is used as a credit to collaborate with merchants of organizations. Ex- A celebrity promoting a company’s product can be signed as a nominal partner as their name is only used, but none of their investment. 

  • Sub Partner 

This partner can also be referred to as a broker as they would not invest in a company as a partner nor take part in the management and functioning decisions. They will act as a third-party partner and receive their settlement from the contracting partner and not the original firm.

Partnership Agreement

Agreements are drafted to steer clear of any disputes that would arise in the future and jeopardize the organization’s structure. They can be drawn as Business Partnership agreements or are even called Partnership deeds. 

Partnership agreements require concise understanding from all the firm partners to set rules and regulations, ensure smooth management and accurate liability costs on shares and profits. The business partnership agreements aren’t mandatory for government submission as partner firms can also form partnership agreements through verbal format .However, partnership terms in written format will always be accessible. However, these would avoid future disputes and specify tax, profits, terms, conditions, etc.

What is Partnership Deed ?

  1. Business Of the Company– Name and business of the company of the Partners. 
  2. Partnership Duration & Members– Specify the type of Partnership and the same duration. 
  3. Sharing of Investment: Ratio of sharing profits & losses of the firm among partners.
  4. Salary and Commission: Create a separate account for any salary distribution amongst the partners. 
  5. Policy Clarity: A written form of agreement for the policies regarding the Partnership and the interest of each procedure. 
  6. Management Rules and Regulations– All the partner’s roles with their management function.
  7. Accounts and Audit – Complete report on loans, investments, and capital contribution for record-keeping.
  8. Stamps and Signatures of all partners
  9. Death Documents / Retirement/ New Partner– Terms and conditions for all the mentioned circumstances.
  10.  Unlimited Liability Consent– Signatures for total liability in General partnerships. 

Advantages of Partnership Organisations

  1. Cost-Effective and easy to set up due to two or more partners.
  2. Sharing of responsibilities and Management 
  3. Unlimited Liability
  4. Sense of ownership
  5. Potential tax benefits

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