05 January 2010
It is not possible for anyone professional to send you their partnership deed.
You can draft a deed like other partnership deed and add the below clause:
1. Restriction on partners to practice on other name 2. Admission of new partners 3. Who is the principal partner 4. How to deal with the cases of audit objections.....firm is responsible or partner.like satyam case
12 February 2010
Date of creation of any document can not be prior to the date of stamp paper. So please be sure that date of document can be date of stamp paper or any further date but not earlier.
12 February 2010
But My dear Mr R P Karal the partnership law in India has permitted the formation of pship without deed.What about those firms which go for registeration somewhat at later stage,will the law do not recognise that the real pship was formed earlier,e.g. PARTNERS IN A FIRM SIGN A PARTNERSHIP AGREEMENT ON PLAIN PAPER IN BACK DATE i.e. ACTUAL DATE OF PSHIP.,In my opinion in a deed on stamp paper if the date of formation of pship is mentioned (i.e. the earlier date) and it`s written that `the partners now hereby have reduced the agreement in writing in form of this deed`----. You will recall that the Indian Contract Act 1872 says that a contract/agreement can be oral also and that is equally valid and enforceable like other contracts. What1s your opinion ?
12 February 2010
its true the partnership act imposes certain inabilities on unregistered firms,but here we are talking about legitimacy of the partnership agreement entered on a stamp paper at a later date.