Partnership Agreement Lawyers

Starting a business with a partner can be an exciting venture, offering shared responsibilities and combined skills. A partnership is a type of business structure where two or more individuals agree to carry on a business, trade or other activity together, sharing profits and losses. To ensure the smooth operation and governance of the business, it is essential to formalise the arrangement through a Partnership Agreement.

A Partnership Agreement, also known as a Partnership Deed or Deed of Partnership, outlines the roles, responsibilities and expectations of each partner. It acts as a legal document that can help prevent disputes and provide a clear framework for decision-making within the partnership.

This agreement supplements the implied legal framework, such as the Partnership Act 1890, and outlines the terms of engagement for senior employees. Key provisions of a Partnership Agreement typically include:

• Management: Defining the rights and responsibilities of each partner.
• Admittance and expulsion: Criteria and procedures for admitting new partners or expelling existing ones.
• Business ownership: Establishing exit strategies and ownership stakes.
• Investment terms: Outlining how profits are shared, assets divided and debts managed.
• Intellectual property: Addressing the ownership and use of intellectual property, including trade names.
• Termination: Procedures for dissolving the partnership.

At Mounteney Solicitors, we understand that a robust Partnership Agreement is crucial for the smooth operation and longevity of your business. Our team of experienced Partnership Agreement Solicitors can assist you in drafting a comprehensive agreement tailored to your specific needs, ensuring that all aspects of the partnership are clearly defined and legally sound.

Mounteney Solicitors brings a wealth of expertise to the table, having assisted numerous businesses in the Cheshire area and beyond with their legal needs. With offices in Heald Green, Bramhall and Cheadle, we are well-positioned to provide personalised and reliable legal services. Our approach is professional and approachable, ensuring you receive cost-effective yet excellent service.

Our solicitors have extensive experience drafting and reviewing Partnership Agreements, ensuring that all legal requirements are met and your business interests are protected. We take a bespoke approach, tailoring each agreement to reflect the unique dynamics and goals of your partnership. Whether you are forming a new partnership or need to update an existing agreement, we can provide the expert guidance you need.

Our services extend beyond the creation of Partnership Agreements. We offer ongoing legal support to help you navigate any challenges that may arise, from disputes between partners to changes in business structure. Our goal is to be your trusted legal partner, providing clear and actionable advice every step of the way.

For those who have already considered the benefits and implications of a Partnership Agreement, our packaged internet-sold product offers a convenient and cost-effective solution. This product is designed for clients who are ready to formalise their partnership with a legally binding agreement. For those requiring more tailored advice, we offer bespoke retainers that provide comprehensive support on all matters related to partnership management.

A Partnership Agreement is a formal contract between two or more individuals who come together to run a for-profit business. It outlines the business’s nature, the capital each partner contributes, and the roles and responsibilities of each partner. Partnerships can be either traditional or limited liability partnerships (LLPs). If you’d like advice on LLPs specifically, our LLP Solicitors can help.

In a traditional partnership, partners share personal liability for the business’s debts. Even after leaving the partnership, they remain liable for debts incurred during their tenure unless properly documented. Conversely, in an LLP, partners are not personally liable for business debts beyond their investment, making it a preferred structure for professional services firms such as solicitors or accountants.

An LLP does not automatically impose a duty of good faith among partners, highlighting the importance of a well-drafted Partnership Agreement to regulate internal conduct and responsibilities.

A Partnership Agreement is essential for ensuring the stability and longevity of your business. Without a clear and comprehensive agreement, your business could face significant risks. For instance, the death of a partner or a serious dispute could force the closure of your business. A well-drafted Partnership Agreement helps you avoid such pitfalls by setting clear guidelines and procedures.

Businesses that are well-organised, with clearly defined agreements, are more likely to achieve success. Our team will take the time to understand the goals, challenges and opportunities of each partner. With this information, we will craft a bespoke Partnership Agreement tailored to your needs.

Partnership Agreements vary based on the business needs and roles of individual partners. However, all partnerships generally need to address several key factors. Legal advice is recommended to ensure these factors are properly considered:

• Duration: Define how long the partnership will last; this can be for the lifetime of the partners or a fixed period. The agreement should detail how it can be ended, such as when a partner gives notice or an option for remaining partners to continue when one withdraws.
• Capital and assets: Specify the funding provided by each partner. The agreement should outline how additional capital injections will be handled and to what extent partners are expected to contribute. Clarify ownership of assets, whether they remain with the contributing partner or are held by the partnership.
• Profits and losses: Outline how profits and losses will be shared among partners. The agreement should state when funds can be withdrawn and include provisions for essential decision-making processes.

By addressing these factors, a Partnership Agreement ensures clarity and smooth operation within the business. Seeking professional legal advice can help tailor the agreement to specific business needs and ensure compliance with relevant laws.

Our work, from initial instruction to finalising the form of agreement, generally takes about 7-10 working days. Special dispatch may be available where necessary at an extra charge.

Our work for you includes:

• Taking your instructions
• Drafting the Partnership Agreement
• A guidance service.

Your supplier is unregulated Mounteney Legal Services Limited, which does not charge VAT.

Our work will be charged at a fixed fee of £650.

There is more about our fees on our website here.

Mounteney Solicitors is your trusted legal partner for Partnership Agreements. If you are considering entering into a partnership or need to formalise an existing arrangement, contact us today.

Our team of expert business solicitors in Manchester is here to provide you with the guidance and support you need to ensure the success of your business. With over 18 years of experience, we are committed to delivering reliable and professional legal services with a wide range of commercial agreements.

Visit our offices in Heald Green, Bramhall or Cheadle, and Hazel Grove or reach out to us online or by phone to discuss your needs.

What will happen if I do not have a Partnership Agreement?

Without a Partnership Agreement, disputes and disagreements between partners can arise more easily. A formal agreement helps prevent conflicts and costly court battles. Even with close friends, it is crucial to have a legally binding Partnership Agreement in place.

How do I update a Partnership Agreement?

Legislation can change over time, so it is important to review and update your Partnership Agreement regularly. Our solicitors can assist in updating your agreement and advising on the best legal structure for your business, in collaboration with your accountant.

Who writes a Partnership Agreement?

A Partnership Agreement is typically drafted by the partners with the help of a solicitor. The agreement outlines terms, responsibilities and expectations, covering aspects such as profit sharing, decision-making and dispute resolution.

What rules apply if there is no Partnership Agreement?

In the absence of a Partnership Agreement, the Partnership Act 1890 governs the partnership. Key rules include:

• Equal profit-sharing: Profits and losses are shared equally.
• Equal management: Each partner has an equal say in management.
• No interest on capital: Partners do not earn interest on capital contributions.
• No salary or interest on loans: Partners are not entitled to salaries or interest on loans to the partnership.
• Joint and several liability: Partners are jointly and severally liable for the partnership’s debts and obligations.
• No right to compete: Partners cannot engage in competing businesses while part of the partnership.

Do I need a solicitor for a Partnership Agreement?

Consulting a solicitor is highly advisable. A solicitor can draft a clear and legally sound agreement that protects your interests, minimising potential disputes and providing valuable legal expertise and peace of mind.