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Most people who do not wish to form a company to save themselves from the elaborate scheme of compliances; enter into partnerships to carry out their business venture. Once the partners have decided to form a partnership, the next step is to prepare a partnership agreement to govern their relationship and to manage their issues relating to the said partnership as they arise in future. This article lists the 10 key provisions to be included in a partnership agreement in Canada for the smooth working of the partnership.
Table of Contents
A partnership agreement in Canada is similar to all the agreements governing the functioning of a company, such as articles of association, bye-laws, shareholders agreements[1] of corporation etc. A partnership agreement governs all the important aspects of a partnership, such as rights, responsibilities and legal liabilities of the partners, contributions of the partners in the partnership, management of the business affairs of the partnership, distribution of profits, management of disputes, dissolution and winding up of the partnership.
Following are the 10 key provisions in a partnership agreement in Canada:
From the above mentioned information, it is advised that before working in a partnership, it is very important to prepare a partnership agreement. A partnership agreement in Canada spells out the duties, financial obligations and the extent of legal liability of the partners entering into a partnership. It allows all the partners to agree in advance to manage the relationship in the partnership and how each of them will handle the issues that may arise in due course of the partnership. In most Canadian jurisdictions, it is not necessary to have a partnership agreement to form a business partnership. However, it is not advised to not form a partnership agreement in Canada when forming a limited partnership or limited liability partnership as a written partnership agreement will allow all the partners clarity relating to all the important aspects of the partnership.
Read our Article: Setting up a Partnership in Canada
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