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hari (contractor)     25 May 2011

Partnership deed

Hi am starting new construction business with a partnership frim.  Here the main point is in the agreement of partnership deed i need to mention a  point like both are equal partners..as am not even investing even a single rupee all the money is invested by my partner and the whole work will be taken by me that is how we have come to understanding...how to mention that point ..i need that technical point to be mentioned in the agreement...can anyone help me out plzzzzzzzz.....



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 5 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     25 May 2011

 

(-)     The First and the Second Party shall devote their whole time and attention to the interests of the business and shall be the working partners. They shall be entitled to equal remuneration for their working out of the amount computed in the manner laid down under section 40(b) of the Income-tax Act, 1961. The remuneration so computed shall be worked out and credited in the books of account, at the close of the accounting year period. 

this is sample clause which you can add but consult any lawyer with whole details like Profit sharing ,Dissoultion of Partnership ,Branches of Partnership, Accounts / Books of Partnership,Admission of new Partner in Patnership Firm,Capital of Parnership Firm

Ajay (Advocate)     25 May 2011

mr.Hari,

                 you can mention a nominal capital of say Rs.1 lakh each or maybe Rs.1000 each. Later, it can be mentioned that you will be mainly involved in sourcing work apart from other activities and your partner shall bring in whatever finances are required for the work. The profit sharing modalities shall have to be worked out between you two.

shiv (lawyer)     25 May 2011

contribution shall be notified as both monetary as well as the physical effort of the other to be treated as equal contribution

Hirdayanath M Kamble (Service)     26 May 2011

In a partnership firm your situationis a common sight , while drafting the agreement you need to specifically mention that the " Both are equal partners " Party of the First Part to bring in capital as required by the firm, Party of the second part to make available his skills, experiences in making the venture a profitable one. other

prabhakar singh (advocate)     29 May 2011

HARDLY I CAN ACCEPT ADVISES  MADE HERE IN BEFORE AND FOR THAT I SEEK

PARDON FROM PREVIOUS ADVISERS.

A PARTNERSHIP DEED DOES NOT LEGALLY REQUIRE MENTION  OFC APITAL EMPLOYED BY PARTNERS

 EQUALITY  OF CAPITAL IS NOT SINE QUA NON TO EQUAL SHARING.

IF THERE ARE ONLY TWO PARTNERS IT IS SUFFICIENT TO PUT A TERM TO READ AS" THAT PARTNERS

HERE TO SHALL SHARE THE PROFIT AND LOSSES OF THE BUSSINESS OF THE FIRM EQUALLY1/2 AND 1/2.

MIND THIS IS SIMPLY ABOUT SHARING AND NOT ABOUT THE WHOLE DEED. BETTER ALWAYS TO VISIT A

LAWYER ,TELL HIM INTENTIONS AND GET A DEED DRAFTED.


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