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Partnership Agreement

Partnership Agreement

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This Partnership Agreement should be used for a number of parties entering into a business arrangement to share profits.

This document includes two versions - one where the partnership continues if a partner leaves and the second version where the partnership ends if a partner leaves.

The first version, (a continuing partnership) is the more commonly used partnership agreement. It makes provision for the partnership to continue even if a partner decides to leave at a later date. The remaining partners can exercise an option to purchase the outgoing partner's interest in the partnership.

Clauses in this agreement:

  • Definitions
  • Nature and Duration of the Business
  • Partnership Name
  • Place of Business / Partnership Property
  • Intellectual Property Assets and Goodwill
  • Changes to this Agreement
  • Partner Duties
  • Restrictions on Partner Authority
  • Insurance
  • Capital
  • Profits and Losses
  • Drawings
  • Partnership Books of Account
  • Banking
  • Annual Accounts
  • Holidays
  • Retirement
  • Expulsion
  • On-Going Partners Share
  • Arbitration
  • Notices
  • General
  • Jurisdiction
  • Schedule 1 - Partner Details, Capital Contributions, Profit Percentages
  • Schedule 2 - Termination where outgoing partner's share not purchased

Please note that these partnership agreements are drafted to be signed by multiple partners and provision can easily be made for more or fewer partners, as required.

It is vital that any proposed partnership is based upon a comprehensive Partnership Agreement and that such an agreement is signed before the start of the partnership, or as soon as possible afterwards. All the partners need to be aware of their rights and responsibilities from the beginning so that the partnership can focus on being successful. All partnerships will build up assets and liabilities - it is essential these are properly accounted for using a Partnership Agreement.

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