What is it?
A partnership agreement is a contract between two or more people who go into business together. It sets out the percentage ownership of each party, the method of distributing the businesses profits and losses, the rights and responsibilities of each partner in the operation of the business, and any other factors that the parties consider relevant in the circumstances.
Application for small business people
Small business people will often choose to work with others in mutually beneficial arrangements. Working with other people brings additional skills, resources, knowledge and capital to the business, which can dramatically enhance the overall success and profitability. Collaborating with others on business ventures also creates the potential for disputes if the roles and duties of each party are not understood. This is why entering into a clear and thorough partnership agreement is so important.
The contents of a partnership agreement vary significantly depending on the nature of the business and the relationship of the parties involved. A partnership agreement will almost always contain provisions on the initial capital contributions made by each party, and their respective ownership of the partnership. This is typically linked to the process for distributing profits and losses.
It is important to note that a partnership is not a separate legal entity like a company would be. This means that the partners are jointly and severally liable for any outstanding debts incurred by the partnership.
6 key things to consider
In order to avoid potential disputes, and to help a partnership to run smoothly, the following should be considered before entering into a partnership agreement:
- What is the term of the partnership and how the agreement can be terminated?
- What are the rights and responsibilities of each partner?
- What is the process if one partner wants to sell his or her share of the partnership?
- How much authority does each individual partner have to make agreements that will bind the partnership?
- How will profits and losses be distributed to the partners?
- How will disputes between the partners be resolved?
Joe Kafrouni
Legal Practitioner Director
Kafrouni Lawyers
Disclaimer
The information provided by Kafrouni Lawyers is intended to provide general information and is not legal advice or a substitute for it. Business people should always consult their own legal advisors to discuss their particular circumstances. Kafrouni Lawyers makes no warranties or representations regarding the information and exclude any liability which may arise as a result of the use of this information. This information is the copyright of Kafrouni Lawyers.
Liability limited by a scheme approved under professional standards legislation.
