What is Partnership Agreement and ist contents?
The Partnership Agreement
Administration of a partnership
is governed by a partnership agreement. A partnership relationship arises from
contract which can be written or oral. A partnership agreement emanates from
this requirement. Such an agreement sets out duties and responsibilities of
individual partners. Once a partnership agreement is in place its terms can
only be varied by consent of all partners.
Following are aspects which
should be covered by a partnership agreement:
Capital contribution
How much capital should
a partner contribute to the firm? Would capital be allowed to fluctuate or
remain fixed?
Profit sharing
The agreement must
stipulate how profits and losses are to be shared among partners. It may also
prescribe whether or not some partners are guaranteed minimum profit shares.
Drawings
Whether or not drawings
by partners will be allowed and if interest is to be charged on such drawings.
Salaries
The agreement should
indicate whether salaries are to be paid to partners and amounts of such
salaries, if any.
Interest on capital and current account
balances
Whether such interest
will be earned by partners and the rates of interest and which capital and
current account balances will be used in computation of interest.
Loans from partners
Where a firm receives
loans or advances extended by partners how would these be rewarded? Unless
otherwise stated these will be treated as if they were from outsiders and
interest will be paid on them.
Accounts
The agreement shall
stipulate the beginning and the end of an accounting period. It shall also
indicate whether accounts shall be audited.
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