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In a general partnership, the partners equally divide management responsibilities, as well as profits. Joint ventures are the same as general partnerships except that the partnership only exists for a specified period of time or for a specific project.
General partners are entitled to receive compensation for their participation in the partnership. Partners aren't considered employees, so the compensation isn't in the form of a salary.
The amount of capital contributions to be made by each party. The circumstances under which arguments can be submitted to arbitration. The circumstances under which partners can be expelled. The circumstances under which partnership interests can be sold or transferred.
Like any contractual agreement, partnership agreements do not have to be in writing, as verbal agreements are also legally binding.In a partnership, each person is liable for the debts and actions of the other partners, so the contractual relationship and obligations need to be completely transparent.
Contributions. Money, money, money, and where is it coming from? Management. Decision-making. Authority of each partner. Division of profits. Admission of new partners. What if a partner wants to leave the business, or dies? Role of a spouse?
Having a Partner. In some cases, business partners become partners unnecessarily. Sharing Capital. Not Creating an Operating Agreement. Shared Liability. Not Planning for the End. Not Having a Non-Compete Agreement. Legal Assistance.
Percentage of ownership. Allocation of profits and losses. Who can bind the partnership? Making decisions. The death of a partner. Resolving disputes.
Although each partnership agreement differs based on business objectives, certain terms should be detailed in the document, including percentage of ownership, division of profit and loss, length of the partnership, decision making and resolving disputes, partner authority, and withdrawal or death of a partner.
Name of your partnership. Contributions to the partnership and percentage of ownership. Division of profits, losses and draws. Partners' authority. Withdrawal or death of a partner.