Monday, July 23, 2012

Partnership Agreement


PARTNERSHIP AGREEMENT


This Deed of Partnership Agreement is made on this the ................ Day of .............., 2012 of Christian Era.

BETWEEN


................................, S/o. .............................. of ................................................. a Bangladeshi businessman by nationality and profession hereinafter called the parties of the First Part.

AND


.........................................., S/o. .................................. of .................................... a Bangladeshi businessman by nationality and profession hereinafter called the parties of the Second Part.

Witnesseth that the parties of the First & Second Part having been known to each other observed the feasibility of setting up Trading, Telecommunication, Indenting, Import, Export & Consultancy related business in the areas of Bangladesh & abroad and decided to form a Partnership Firm in order to run the said business smoothly & efficiently.

Now all the parties of the First & Second part after series of fruitful discussion have decided to form this partnership business and thereby execute this deed of Partnership Agreement on the following terms and conditions:

1.       That the name of this partnership firm shall be "......................................... ".

2.      That the registered office of the firm shall be situated at ................................ which may be shifted to some other place / places as the parties decide from time to time.

3.   That this partnership deed of agreement shall come into force from this date of agreement and would continue as such until otherwise decided by the parties themselves.


4.       That the main object of business shall be as under:

       a)    To carry on the business of trading, buy, sell, marketing, indenters, commission agents, selling agents, distributors, broker, merchants, wholesalers, retailers, buyers, manufacturers and dealers in general merchandise, commodities, articles and permitted goods of all description whatsoever.
       b)     To carry on the business for establishment of all types of Telecommunication & Information communication Technology services, establish telecommunication network, Data Network, Internet, Email, Telephone, Fax, Internet service and information on service oriented business in Bangladesh and abroad with the existing and future technology.
      c)   To undertake all types of consultancy and advisory work relating to the promotion and development with Government, Non-Government, and international organizations including multilateral or bilateral donors and all types of companies in Bangladesh and abroad.
     d)  To carry on the business as importers, exporters, stockiest and general order suppliers.
     e)  To provide necessary consultancy services to sick industries and commercial business units in the matter of accounting system and IT matters.
      f)    To provide project consultancy service on turn key basis arranging machineries from overseas and local manufacturer.
         g)   To establish branch offices, sub-offices inside the country or abroad for conducting the business.
         h)    To do all such other things as are incidental or as the firm may think conducive to the attainment of the above objects or any of them.

5.     That the capital of this partnership business shall be Tk. 1,00,000/- which shall be contributed by parties of the First & Second Part in the following manner:
Parties of different parts
Name
Amount of Capital
First Part
Mr. .........................
50,000/-
Second Part
Mr. .........................
50,000/-

 Any capital over and above the amount shall be contributed by the partners as per specific resolution taken by the partners from time to time.

6.      That the profit or loss arising out of this partnership business shall be shared or borne by all the partners according to each parts investment in the firm.

7.       That Mr. ......................... shall be the First Managing Partner of this firm and would continue to act as such unless otherwise decided by the partners.

8.   That there shall be bank account/ accounts with any Bank/ Banks operating in Bangladesh in the name of the firm which shall be operated by the two partners jointly.

9.       That all the partners shall have the authority to accept cheques, bills of exchange and bank draft on behalf of the firm.

10.  That all the partners shall remain just and faithful to each other in all matters of transaction relating to this partnership.

11.  That the day to day affairs of the firm shall be managed and controlled by the Managing Partner Mr. ....................... who shall have the authority to execute all the decision regarding said partnership whatever the partners decide from time to time. The partners shall sit together at least once in a month to review & overview the overall business position of the firm.

12.    That the Financial year of the firm shall commence from 1st January of each calendar year and would end on 31st December of the same calendar year.


13.    That after the end of each financial year the books of accounts maintaining day to day financial transaction shall be closed and a final account shall be prepared & audited by any Chartered Accountant Firm for necessary satisfaction and benefit of all the partners.

14.  That each and every partner shall have the right to transfer or sell their respective shares in the firm in the name of any other person/persons with the unanimous approval of the other partner.

15.   That for greater interest of the business any new partner can be co-opted with the consent of all the partners.

16.  That any of the partners shall have the option to saver this connection from this partnership by giving two months prior notice from the date of his retirement and the remaining partner may continue the said business in a new arrangement.

17.  That in the event of any dispute arising in this partnership firm the matter shall be referred to an Arbitrator acceptable to all the parties and the decision of the Arbitrator shall be final and binding on all the parties.

18.       That in the event of death of any partner, the firm shall stand dissolved and a final account of the firm would be prepared as on that date and any amount receivable by the deceased shall be paid to his/her legal heir or representative within one month from the date of finalization of accounts. However, the remaining partner can continue the business in a new arrangement.

IN WITHNESS HEREOF all the parties of the First & Second Part put their respective signature in fresh, cool and open mind and without any force or coercion from any quarter.



Signature of the
First Part





Signature of the
Second Part



Witness


Signature: ____________________
Name: ________________________
Address: _______________________
______________________________
Occupation: ____________________
Signature:_______________________
Name: _________________________
Address:________________________
_______________________________
Occupation:_____________________


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