A partnership is one of the most common types of business structures. Under the law, a partnership is:
- a contract;
- between persons carrying on a business;
- in common;
- with a view to profit.
Generally, for a partnership to exist there must be some element of repetition which indicates the conduct of a business, and from this flows the aim of generating profit which is divided between the partners.
5 reasons to have a written partnership agreement
- It gives you and your business partners a clear understanding of the rules and arrangements applying to your business relationship.
- Unless there is an agreement in place, all partners are equal, and must share the business' profits and cover losses, equally.
- Unless there is an agreement in place, your partnership will be governed by legislation in force in your state or territory.
- Minor disagreements may become insurmountable problems and possibly, result in dissolution of the partnership.
- It lets you focus on the business of your business.
This is regardless of how much cash each partner contributes to the business, how much time each individual partner dedicates to the business and how much revenue each partner brings in.
The legislation is a one size fits all approach — it is beneficial to have a partnership agreement tailored to your specific relationship, intentions and circumstances.
To avoid this, you need a clear, unambiguous statement of roles and authorities of each partner, and a dispute resolution procedure to have recourse to.
There's a fair chance you started your business because you have a passion for the business activity. Having a partnership agreement means you spend less time in the long term managing your relationship with business partners and more time focusing on the business of your partnership.
What you should include in your partnership agreement
Your business partnership agreement should record matters such as:
- how the business' profits will be shared;
- how much money each partner brings to the partnership business;
- how new partners can join the partnership;
- how partners can be removed from the partnership;
- the different roles and responsibilities of each partner including decision making powers and authorities; and
- how to resolve any disputes.
More Cleardocs information on related topics
You can read earlier ClearLaw articles on a range of topics.
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 Partnership Act in each state and territory.
 See our earlier ClearLaw article titled "Joint ventures v. Partners: Do they owe the same duties to one another?"