A partnership agreement template is a written agreement between two or more partners that involved in a legal partnership. This clearly defines their relationship’s terms and conditions. These terms and conditions may contain;
- Ownership percentages
- The distribution of losses and profits
- Defining management duties and powers
- Length of the partnership
- The method that how the partnership may get terminated
- Techniques how partners purchase their share of the partnership.
At the onset of the partnership, you should prepare a partnership contract. You should hire a lawyer that helps you in crafting the partnership agreement form. To avoid any problem in the future, you have to make sure that “what if” conditions get included.
Table of Contents
- 1 Reasons for having a partnership agreement:
- 2 Who requires a partnership agreement?
- 3 Essential things to know about partnership agreements:
- 4 Different types of partnership agreements:
- 5 How to create a partnership agreement template?
- 6 Conclusion:
- 7 Faqs (Frequently Asked Questions)
- 8 What is a capital account?
- 9 What is the purpose of a partnership agreement?
- 10 Can I write my own partnership agreement?
Reasons for having a partnership agreement:
Below are some reasons that why you need a general partnership agreement;
- This agreement informs how you will make decisions. The agreement includes the name of a managing partner and the responsibilities of individual partners. Moreover, it explains how responsibilities and roles can modify during the partnership.
- It also specifies the partnership’s tax status. On the basis of accounting and tax norms, this document also states that how the partnership will distribute profits.
- This document prevents you from any legal liability issues.
- You can address any changes in the partnership with the help of this contract.
- To override the state laws you should use this agreement.
- It contains a language that defines how you will settle disputes. Thus, to facilitate any disputes you need a general partnership agreement.
- When new partners would join the partnership use this agreement to describe the conditions each partner needs.
- It allows you to deal with issues among partners such as conflicts of interest, non-compete agreements, etc.
Who requires a partnership agreement?
A partnership agreement is required by the people who run a for-profit business together including their family, spouses, friends, or colleagues. This agreement defines a set of rules that business partners have to follow in order to avoid disagreements or issues in the future.
Before allowing the partners to receive investment money and secure financing, the investor’s lenders, and professionals should ask for the partnership agreement.
Essential things to know about partnership agreements:
Let us discuss below the essential things that you should know about partnership agreements;
There are multiple types of partnership agreements. But the most common is the one between individual people. You can also make agreements for other kinds of legal entities.
The agreement forms usually include the following;
- Each partner’s full name that forms the business
- The goal that why you are forming the partnership and the main place of business.
- In the partnership, the amount to invest each partner plans.
- About the profit distribution, the rules between partners.
All partners own equal shares are the most common misconception about partnerships. On the basis of the manner agreed upon by the partners, a general partnership agreement may divide the business’s ownership. All the partners have to get involved in all the affairs of the partnership is another common misconception. However, partners can involve themselves in business operations. But the agreement can allow a partner to only be an investor.
The management and law of partnership display complicated legal issues. For the best interest of the involved parties, there may be a requirement to retain legal representation.
Different types of partnership agreements:
There are different types of partnership agreements that you can use for your partnership documentation;
Limited partnership agreement
This type of partnership agreement is between a general partner and a limited partner. The general partner is an entity who owns the business and runs it. On the other hand, the limited partner is an investor or an entity who is involved with financing only. Both parties are accountable for the business, their losses, and other responsibilities toward the business.
Limited lability partnership agreement
In this type of partnership agreement, for the debts of the partnership or business, every partner has limited personal liability. The partners are accountable for contractual debts on the basis of the state that governs the contract’s execution.
Real estate partnership agreement
Business partners that have a similar goal towards making a joint venture of some kind require this partnership agreement. The parties haven’t put up equal cash or stakes in the business.
As its name implies, both parties in this agreement are agreed to share losses and profits equally as they run their business.
Small business partnership
The most general partnership agreement that shows the agreed-upon information that the partners have worked out for their particular business agreement. For this type of business agreement, you can use any of the above partnership agreements as your basis.
How to create a partnership agreement template?
Here are some tips on how to create this agreement;
Preparing to create the document:
- If you don’t have a partnership agreement then state laws give you rules to govern your partnership. By making this agreement, you can replace these default rules. Make one for your own business.
- By making your own agreement motivates partners to think upfront of the issues related to the partnership. During the meeting with your partner you can do this.
- Only one person has to write the preliminary draft of the agreement for purpose of convenience. You can distribute the draft for comments or revisions after completion.
- Next, consult with an experienced business lawyer that can assist you in identifying areas of the agreement you need to address. Present the draft you made to the lawyer.
Develop your partnership:
- At first, give your document a title that identifies what the document is all about.
- After that, provide the name of all partners and their respective addresses.
- Underneath the names of the partners, place the type of your business.
- By using formal language, state the place of your business.
- Write the information regarding when the partnership started and when it’s scheduled to come to an end.
Give the ownership duties, powers, and interests:
- Make a list of partners that contains each partner contributed amount and type either they made their contributions in cash or property.
- The property that is contributed to the partnership becomes the partnership’s property. Furthermore, the purchased properties are also belonged to the partnership.
- At the beginning of the partnership, you can base this allocation on the contribution percentages. You can use other percentages on the basis of the discretion of the partners.
- Then, develop how the partnership makes business decisions. This is because when business is in operation you have to make a lot of decisions.
- You should also specify who can make such decisions.
- You should clarify who has the authority to form contracts because in the absence of this provision any partner may bind the whole partnership to any other contract. So, clearly state that who has the authority to the contract in order to avoid such predicament.
- Limit all the work that any partner can perform outside of the partnership.
Finalize your contract:
- Choose the law that governs the agreement.
- Mention the accomplishment of the agreement.
- Don’t forget to include space for signatures.
- To sign a final agreement, schedule a meeting.
In conclusion, a partnership agreement template is a legally binding contract made between a minimum of two legal entities. This agreement defines the responsibilities and rights of all partners. When you start a small business partnership then take enough time to create a partnership agreement template. Keep your agreement general and specific.
Faqs (Frequently Asked Questions)
What is a capital account?
In a partnership, a capital account is an equity account for every partner. This account includes the contributions of initial and subsequent investments of the partners. There is one capital account for all partners.
What is the purpose of a partnership agreement?
The main purpose of a partnership agreement is to specify how a partnership will operate under two or more partners. Additionally, it states the responsibilities of each partner. The distribution of profit and loss is also mentioned in it.
Can I write my own partnership agreement?
Yes, you can write your own partnership agreement by using the online template. The template has all the important information that is required to write an effective document.