Change in Partnership Deed
Change in partnership deed is made if the situation require for such change in conducting the regular affairs of the entity. Any such change shall be made through Supplementary Partnership Deed which forms part of main Partnership Deed.
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Any partnership firm incorporated by the registrar of firms shall be governed and regulated by the Partnership Act 1932 and the partnership firm is also regulated and governed by its by-laws. These by-laws are mentioned in Partnership Deed. This partnership deed is duly executed on requisite value of stamp paper as per Indian Stamp Act and the stamp duty is applicable on state to state basis based upon the location of registered office of the partnership firm. A partnership deed is designed and drafted as per the requirement of business activity of the partnership firm.
Main Clauses of partnership deed are:
- Capital of the firm
- Capital contribution ratio amongst the partner
- Profit sharing ratio amongst the partner
- Duties and responsibilities of partners
- Identification of working and non-working partner
- Admission of partner
- Retirement of partner
- Lien clause
- Alteration of Capital
- Meetings of the partners
- Common seal
- Dividend and Reserve
- Accounts of the firm
- Indemnity Clause
- Dissolution of Firm
- All partners must called and convene a proper meeting of partners
- All partners must aware of alteration in any clause of partnership deed
- All partners have right to ask questions, raise query and raise objection or acceptance for the alteration in any clause of partnership deed
- Once all partners make consensus on alteration in partnership deed, then a partnership deed must be redrafted and shared with all partners.
- This re-drafted partnership deed need to get executed on duly stamped stamp paper of requisite value. This executed partnership deed must mention that it is in continuation of original partnership deed and this altered partnership deed is supplementary deed with the date of its effect.
- Once supplementary partnership deed is executed, then together with original partnership deed and all subsequent supplementary deed constitute new guidelines / bye-laws of the partnership firm and all partners must abide by the altered partnership deed.