Partnership agreement

What is a Partnership Agreement?

A partnership agreement is a written or oral agreement that governs decision making within a partnership, as well as how key decisions are handled. This agreement is essential for the orderly running of any enterprise organized as a partnership.

Contents of a Partnership Agreement

A partnership agreement should include information or provide instructions about the following topics:

  • The names of the partners

  • The amounts contributed by each partner

  • The rights and responsibilities of each partner

  • Whether partners are designated as general partners or limited partners

  • The proportions of partnership gains and losses to be apportioned to each partner

  • Procedures related to the withdrawal of funds from the partnership, as well as any limitations on these withdrawals

  • How key decisions are to be resolved

  • Provisions regarding how to add partners and terminate partners

  • What happens to partnership interests if a partner dies

  • What steps to follow to dissolve the partnership

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If a partnership agreement does not include the preceding topics, then there is a risk of acrimony among the partners when a decision must be made, and there is no formal guidance regarding how to proceed.

Terms Similar to Partnership Agreement

A partnership agreement is also known as articles of partnership.

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