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Exam code:4AC1

Partnership agreement

What is a partnership agreement?

  • A partnership agreement is a document that sets out the terms of how the partnership should operate

  • Its purpose is to help partners avoid disagreements in the future

What is contained in the partnership agreement?

  • The agreement contains information about:

    • The amount of capital each partner is to invest

    • Whether or not the partners are entitled to interest on their capital 

      • And if so, the percentage to be paid

      • Interest on capital is given to reward partners for investing their money into the business

    • Whether or not salaries are paid to each partner

      • And the amount to be paid

    • Whether or not partners are entitled to drawings and the limit each partner can take out of the business

    • Whether or not interest is charged on partners’ drawings

      • And if so, the percentage to be charged

      • Interest on drawings is charged to discourage partners from withdrawing money from the business

    • Whether or not the partners are entitled to interest when they loan their own money to the business

      • And if so, the percentage to be paid

      • Interest on loans is given to reward partners for loaning their money to the business

    • The distribution of profits and losses to be shared between partners

  • Interest and salaries do not involve physical money

    • The amounts are added to the balances that the business owes the partners

    • The partners can choose to withdraw these amounts as drawings

What if a partnership agreement does not exist?

  • If a partnership agreement does not exist, then Section 24 of the Partnership Act 1890 is followed

    • Profits and losses are divided equally between the partners

    • Partners do not receive a salary

    • No interest is paid on the partners’ capital

    • No interest is charged on the partners’ drawings

    • Partners receive 5% interest per annum on partners’ loans

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