LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajesh   02 December 2015

Partnership deed- Calculation of share to Sleeping partners

Dear Experts, . I wish to bring to your kind notice that. We had recently registered a Partnership firm Constitutes two Partners Mr 'A' & Mr 'B' which two of Us Partners are active and Liability for Profit/ Loss on 50 - 50 basis irrespective of capital investment. . we had Signedup as Franchise with one of leading Cloud telephony service provider.we both Parners Capital Investment is of Rs 17.15 Lakhs towards Franchise signup. We had Enough Capital for Signup. . We are Service oriented Business which we Carry Forward Business of the Franchisor where Leads will be generated & Signups to be done from our end. We will get Commission on monthly revenue generated. . we are budding Entrepreneurs which we aged below 30, this is our First Partnership Business firm. . Am Mr 'A' Had Experience in Franchise business which am franchise of one of leading cord blood bank as Sole Business partner (Franchise). . We Active Business Partners Mr 'A' & Mr 'B' wish to acts as Employees and to completely dedicated in Field Business for our Firm in carrry Forwarding Business. . Three of our friends had shown interest for investing Money investing in our business. But we didn't required capital investment from them. But As those 3 People had Good Enough Contacts which will help in Getting additional business development too... . Those Three people are considered as Sleeping partners, even their names are not registered in partnership deed. Even which we two active partners wish to not to get included sleeping partners in partnership deed. We wish to have flexibility with our business operations.Those 3 people also Agreed not to mention their names in Partnership deed. . We wish to give them a bond with security of their investment. They had agreed. . All three of them had much intrerest for investing more money. But, We had suggested them for Keeping each One lakh rupees. . For final profit calculation, We two active partners wish to make our share as 90% and to adjust 10% towards 3 Sleeping partners. . we had Fixed 2.5% to one of sleeping partner Mr 'X' which his role is minute and he can't able to come and participate in business development. but towards future support prospects we had fixed 2.5% share. Mr 'Y' is working as Marketing Manager in one of leading Pharmaceutical company. He Can able to bring business with his Contacts, but Can't able to work as Employee or direct participation in firm business activities. . Mr 'Z' is a big a big Shot which he is having. key Contacts at MNC Level. He can acts as 'Thru' for getting appointmens directly In this way he can benefit to us towards business development. But he Can't able to work in Field. . we would like to get suggestions how we need to calculate share for Mr 'Y' and Mr 'Z'. . We need to consider taxation of 30% on Partnership firm which which will be beared by Firm. As Sleeping partners name is not registered in the firm. If Ur suggestions points to reduce 90% of we two active partners share. We are ready to go ahead with your Kind Suggestions. Kindly Suggest me with a Fairly share to be offered to be offered for Mr 'Y' & Mr 'Z' after consideration of all factors. . Last, but the Least. We two Active partners wish to take Salary which we are completely dedicating our time in Field and bringing signups. . But in Partnership act towards remunerarion /Salary it permits only as it is Mentioned as 50% or 90% of book profits out of First 3 Lakhs. . How we can Fix Salary for we both apart from Mentionedin PartnershipAct. . As Per Partnershipact it is too low if we have to act accordingly towards Salary/Remuneration. . Shall We can Fix Salary in any other means as we are Working completely as Employees. . Kindly Provide. Me with detailed suggestions & how to calculate the share for Sleeping partners ie For Mr 'Y' & Mr 'Z'. Do the Needful. . Thanking You, Regards. Rajesh Kumar. rajeshkumar.kuruba @ hotmail.com +91 9494443969


 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register