Partnerships

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Partnership Agreements

People starting up in partnership often ask whether it is really necessary to have a formal partnership agreement. The answer is definitely 'Yes'.

Basically, the agreement should set out the rules governing how the partnership operates, and should cover the main ´What happens if ...´ situations. If there is no agreement, there will be a large element of uncertainty, and applying the underlying law, such as the Partnership Act 1890, may well lead to unwanted results.

It is usually best to have a partnership agreement drawn up by a solicitor, but before you reach that stage you should think about exactly what you want the agreement to cover. In particular, you should consider:

Running the business

  • partners´ duties
  • working hours and holidays
  • decision-making procedures
  • business premises
  • cars

Financial matters

  • profit-sharing arrangements, and drawings on account
  • partnership capital (and interest arrangements)
  • banking and financial arrangements
  • accounting arrangements
  • making provision for tax payments

Special circumstances

  • partner retirement procedures
  • death of a partner
  • providing for partners' retirements and dependants
  • disability of a partner
  • establishing the right to expel a partner
  • arbitration for unresolved disputes
Do contact us if you would like further help or advice on this subject.

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