Why don’t you have a partnership agreement?
Jul 6, 2012
You may be one of many businesses that operate as a Partnership rather than a limited company.
You may be one of many businesses that operate as a Partnership rather than a limited company.
You may be one of many businesses that operates as a Partnership rather than a limited company. If there is no written agreement in place the default position on how the Partnership will operate is set out in the Partnership Act.
This Act provides, amongst other things, that the death or bankruptcy of a Partner automatically dissolves the partnership and that each partner’s share of the profits of the Partnership will be equal. These provisions can be varied by agreement between the Partners but without such agreement, you will have to rely on the Act, which can have unfortunate and unintended consequences.
To ensure that the rights and obligations of Partners are accurately set out it is therefore of the utmost importance that a Partnership Agreement be entered into. Preparing this at an early stage also helps to set out the intentions of the Partners and how they want their business to operate.
Advising on, and drafting, partnership agreements is something that we can help you with.
The horrors of shareholder disputes cost eye-watering sums of money, destroy relationships, and destroy businesses.
It would be great to rely on a handshake and know that nothing will ever go wrong but we all know that your business, you and your partners and the context in which you exist do not remain constant.
In a recent Court of Appeal case the Court had to decide whether a party was bound by a contract when he had not signed the contract document.
It is important that sellers have written business terms and efficient credit control procedures.
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