Partnership Deed: Key Elements

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Questions and Answers

According to the deed of partnership, what aspect requires the written consent of all partners?

  • Determining the managing partner.
  • Altering the profit-sharing ratio.
  • Availing credit facilities from a financial institution. (correct)
  • Changing the firm's accounting year.

In the event of a disagreement among partners, what mechanism does the deed of partnership prescribe for resolution?

  • A majority vote among the partners.
  • Resolution through a court of law.
  • Submission to arbitration by a nominated individual. (correct)
  • Referral to a designated senior partner for a binding decision.

If a partner decides to retire from the firm, what is the minimum notice period they must provide, according to the deed?

  • Two weeks.
  • Two calendar months.
  • One calendar month. (correct)
  • Three calendar months.

In the context of the deed, what is the primary role of the 'Managing Partner'?

<p>To handle the firm's day-to-day transactions and legal activities. (D)</p> Signup and view all the answers

According to the deed of partnership, how often should the firm's accounts be audited?

<p>Annually, at the end of the financial year. (B)</p> Signup and view all the answers

Which of the following is typically included in a deed of partnership?

<p>Description of the business activity proposed. (A)</p> Signup and view all the answers

According to the deed, which of the following determines the official start of the firm's accounting year?

<p>April 1st. (A)</p> Signup and view all the answers

In the event of a partner's death, what action is stipulated in the deed concerning the deceased partner's legal representatives?

<p>One of the legal representatives may become a partner, or they shall be paid the part of the purchase amount. (A)</p> Signup and view all the answers

As per the deed, what is the default profit-sharing arrangement among the partners?

<p>Profits are shared equally among all partners. (A)</p> Signup and view all the answers

How many partners signatures are needed to operate the firm's bank account?

<p>First and Second Partner. (C)</p> Signup and view all the answers

Flashcards

Deed of Partnership

A legal document outlining the terms and conditions of a partnership between two or more parties.

Business Activity

The type of commercial activity the partnership will engage in.

Place of Business

The physical location where the partnership conducts its primary business operations.

Duration of Partnership

The length of time the partnership is intended to last.

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Capital of the Firm

The total amount of money invested in the firm by all partners.

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Profit Sharing Ratio

Specifies how profits or losses are divided among the partners.

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Managing Partner

The partner responsible for the firm's day-to-day operations and legal activities.

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Retirement of Partner

The process by which partners can leave the firm under agreed conditions.

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Death of Partner

Addresses the course of action if a partner passes away.

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Arbitration

Process for resolving disputes, typically involving a neutral third party.

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Study Notes

  • The deed of partnership is made between partners, their fathers, and their addresses
  • The partners agree to carry on a business together

Place of Business

  • The partnership's principal business location includes a street address, city, state, and PIN code

Duration of Partnership

  • The duration of the partnership is at will

Capital of the Firm

  • The firm's starting capital is the total contribution from all partners

Profit Sharing Ratio

  • The firm's profit or loss will be divided equally among the partners
  • These earnings are then transferred to each partner's current account

Management

  • The first partner is in charge of day-to-day operations and legal activities, as well as managing; the other partners must work together

Operation of Bank Accounts

  • The firm will create a current account in the Partnership Firm Name at any bank
  • The first and second partners will jointly manage the account operations as updated to the Banks

Borrowing

  • All partners must give written permission for the partnership to use credit facilities from a financial institution

Accounts

  • The firms must keep true, correct accounts of all transactions, assets, and liabilities in the ordinary course of business

Records

  • Books of account will be kept at the firm's place of business.
  • The financial year begins on April 1st, and the balance sheet must be properly audited and signed by all partners
  • Every partner can access the books and verify the correctness

Retirement

  • A partner who wants to leave the firm must give at least one calendar month's notice
  • The remaining partners must pay the retiring partner (or legal representatives) the cost of their share of the firm's assets

Death of Partner

  • If a partner dies, their legal representatives become partners in the firm
  • If the representative refuses to point to the firm, they are paid the purchase amount calculated on the date of the partner's death

Arbitration

  • If partners disagree, they must consult with one arbitrator
  • The nominated arbitration's decision is final and binding on all partners
  • The Indian Arbitration Act governs such arbitration procedures
  • The deed of partnership includes signatures, seals, and witnesses

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