Company and insolvency

Partnership deed

0 of 49 blanks filled

PARTNERSHIP DEED

This DEED OF PARTNERSHIP is made and executed at Place of execution on this Day of execution day of Month of execution, Year of execution

BETWEEN

First partner's nameS/o / D/o First partner's father's or mother's name

residing at First partner's residential address

PAN: First partner's PAN

Hereinafter called the "PARTNER OF THE FIRST PART" / "PARTY NO. 1"

AND

Second partner's nameS/o / D/o Second partner's father's or mother's name

residing at Second partner's residential address

PAN: Second partner's PAN

Hereinafter called the "PARTNER OF THE SECOND PART" / "PARTY NO. 2"

(Add further partners on the same format as Parties No. 3, 4 and so on, each separated by "AND".)

The above parties are hereinafter collectively referred to as the "PARTNERS" and individually as a "PARTNER". The expression "PARTIES" shall include their respective heirs, legal representatives, executors and permitted assigns.

WHEREAS the Parties are desirous of carrying on the business of Nature of business (the "Business") at Principal place of business and at such other place or places as the Partners may mutually agree, under the name and style of Name and style of the firm (the "Firm");

AND WHEREAS the Parties have agreed to constitute themselves into a partnership upon the terms and conditions hereinafter recorded;

NOW THIS DEED WITNESSETH AS FOLLOWS:

1.Constitution of Partnership — With effect from Date of commencement of partnership, the Parties shall constitute a partnership under the Indian Partnership Act, 1932 (the "Act") in the ratio of their respective capital contributions and profit-sharing shares set out in Clause 3 hereof, for carrying on the Business at their joint costs, charges and expenses.

2.Name and Place of Business —

(a) The Firm shall carry on business under the name and style of Name and style of the firm.

(b) The principal place of business of the Firm shall be Principal place of business, with such branch or branch offices as the Partners may mutually decide in writing.

3.Capital Contributions —

(a) The initial capital of the Firm shall be Total initial capital of the firm Rupees (Rs. Total initial capital of the firm/-), contributed by the Partners as follows:

Name of Partner	Capital Contribution (Rs.)	Share
First partner's name	First partner's capital contribution	First partner's capital share

Second partner's name

Second partner's capital contribution

Second partner's capital share

Total

100%

(b) Any further capital required for the Business shall be contributed by the Partners in their profit-sharing ratio, or upon such other terms as may be unanimously agreed in writing.

4.Profit and Loss Sharing — The net profits of the Firm, after deduction of all outgoings, expenses, taxes and such reserves as the Partners may decide, shall be divided between the Partners in the following proportions: First partner's name — First partner's profit share; Second partner's name — Second partner's profit share. All losses of the Firm shall be borne by the Partners in the same proportions.

5.Bank Accounts — All monies of the Firm shall be deposited in the name of the Firm with Name of bank for firm accounts, Bank branch, in one or more accounts operated upon by any Description of authorised bank signatories, jointly or severally, as the Partners may by resolution decide from time to time.

6.Books of Account —

(a) Proper and true books of account shall be maintained at the principal place of business, showing all receipts, payments, sales, purchases, assets and liabilities of the Firm.

(b) Each Partner shall have free access to the books of account at all reasonable times and may take copies or extracts thereof.

(c) The accounts of the Firm shall be closed as at Financial year end in each year and shall be audited by Name of auditor (if any).

7.Management and Conduct of Business —

(a) Subject to this Deed, each Partner shall take part in the conduct of the Business and shall attend diligently and faithfully to the affairs of the Firm.

(b) Managing partner's name shall look after the day-to-day management of the Business and shall be entitled to sign documents, negotiate contracts and operate the accounts in the ordinary course of business.

(i) engage in any business competing with the Business;

(ii) sell, mortgage, charge or otherwise encumber any asset of the Firm other than in the ordinary course of business;

(iii) incur any expenditure exceeding Rs. Expenditure limit per transaction without consent/- in a single transaction;

(iv) admit, appoint or introduce any new partner;

(v) lend, borrow or guarantee any money on behalf of the Firm otherwise than in the ordinary course of business.

8.Nominal Salary / Remuneration — (Optional; delete if not applicable.) Each / Partner entitled to remuneration (if any) shall be entitled to a monthly remuneration of Rs. Monthly remuneration amount/-, subject to deduction of tax at source and applicable law.

9.Interest on Advances and Drawings —

(a) If a Partner advances any money to the Firm beyond his agreed capital contribution, such Partner shall be entitled to interest thereon at the rate of Interest rate on advances (per annum)% per annum, unless otherwise agreed.

(b) Interest at the rate of Interest rate on drawings (per annum)% per annum shall be charged on drawings made by any Partner in excess of Permitted drawings limit.

10.Duties of Good Faith — Every Partner shall observe strict good faith towards the other Partners and the Firm, shall render true accounts and full information of all things affecting the Firm, and shall account to the Firm for any benefit derived by him from any transaction of the Firm or from any use of its property, name or business connections, in accordance with Sections 9 and 16 of the Act.

11.Admission of New Partner — No person shall be admitted as a partner, and no partner shall assign, transfer or share his interest in the Firm with any third party, without the prior written consent of all the existing Partners.

12.Retirement of a Partner —

(a) Any Partner may retire from the Firm by giving not less than Notice period for retirement (months) months' prior written notice to the other Partners.

(b) On retirement, the outgoing Partner's share shall be determined on the basis of the last audited balance sheet or a fresh valuation of the assets and liabilities of the Firm as on the date of retirement, whichever the Partners mutually agree.

(c) The amount due to the outgoing Partner shall be paid in Payment terms for outgoing partner's dues and the outgoing Partner shall execute all documents necessary to release and discharge his interest in favour of the continuing Partners and the Firm.

(d) The outgoing Partner shall not carry on a competing business within Area of non-compete restriction after retirement for a period of Non-compete period after retirement from the date of retirement, to the extent such restraint is reasonable and enforceable under law.

13.Death or Insolvency of a Partner — On the death or insolvency of a Partner, the Firm shall, unless otherwise agreed in writing by all Partners and the legal representatives of the deceased or insolvent Partner, stand dissolved as regards the deceased or insolvent Partner's interest. The share of the deceased Partner shall be paid to his legal representatives after settlement of accounts in the manner provided in Clause 12.

14.Expulsion — A Partner may be expelled only in the manner permitted by Section 33 of the Act, i.e., by a majority of the Partners acting in good faith in the interest of the Firm, after giving the Partner concerned an opportunity of being heard, and only for a cause recorded in writing.

15.Dissolution —

(a) The Firm may be dissolved by mutual consent of all the Partners, or by expiry of the term (if any), or by death or insolvency of a Partner, or by order of a court on any of the grounds specified in Section 44 of the Act.

(b) On dissolution, the assets of the Firm shall be applied first in payment of the Firm's debts and liabilities to third parties; next, in payment of any advances or loans made by Partners; next, in repayment of capital; and the surplus, if any, shall be divided among the Partners in their profit-sharing ratio. Any deficiency shall be borne by the Partners in their profit-sharing ratio.

16.Arbitration and Dispute Resolution —

(a) Any dispute, difference or question arising out of or in connection with this Deed or the Business shall first be attempted to be resolved amicably by mutual discussion within Days for amicable resolution attempt days.

(b) Failing such amicable resolution, the dispute shall be referred to arbitration by a sole arbitrator mutually appointed by the Partners, or, failing agreement, appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Seat of arbitration and the language shall be English.

(c) The award of the arbitrator shall be final and binding on the Partners. The costs of arbitration shall initially be borne equally, subject to the arbitrator's award. Subject to the above, the courts at Courts having exclusive jurisdiction shall have exclusive jurisdiction.

17.Registration and Compliances — The Partners shall cause the Firm to be registered under Section 58 of the Act with the Registrar of Firms of State of registration of the firm and shall comply with all applicable laws, including the Income-tax Act, 1961, the Goods and Services Tax laws, the Shops and Establishments law of the relevant State, and any other law applicable to the Business.

18.Miscellaneous —

(a) Entire Deed — This Deed constitutes the entire agreement between the Partners and supersedes all prior understandings, if any.

(b) Amendment — No modification of this Deed shall be valid unless made in writing and signed by all the Partners.

(d) Severability — If any provision of this Deed is held invalid, the remaining provisions shall continue in full force.

(e) Counterparts — This Deed may be executed in multiple counterparts, each of which shall be deemed an original.

(f) Stamp Duty — This Deed shall be stamped in accordance with the Stamp Act applicable to the State in which it is executed.

19.Term — The partnership shall be at will, unless the Partners agree otherwise in writing; or, if a fixed term is intended, it shall be for a period of Term of partnership (if fixed) commencing from Date of commencement of partnership, and shall thereafter continue at will unless terminated by Notice period for termination of fixed-term partnership months' written notice by any Partner.

IN WITNESS WHEREOF the Parties have hereunto set and subscribed their respective hands on the day, month and year first above written.

SIGNED, SEALED AND DELIVERED

by the within-named Partners

WITNESSES:

PARTNERS:

1. First witness's name

Address: First witness's address

First partner's name

2. Second witness's name

Address: Second witness's address

Second partner's name

(Add signature blocks for further partners, if any.)

PARTNERSHIP DEED

This DEED OF PARTNERSHIP is made and executed at Place of execution on this Day of execution day of Month of execution, Year of execution

BETWEEN

First partner's nameS/o / D/o First partner's father's or mother's name

residing at First partner's residential address

PAN: First partner's PAN

Hereinafter called the "PARTNER OF THE FIRST PART" / "PARTY NO. 1"

AND

Second partner's nameS/o / D/o Second partner's father's or mother's name

residing at Second partner's residential address

PAN: Second partner's PAN

Hereinafter called the "PARTNER OF THE SECOND PART" / "PARTY NO. 2"

(Add further partners on the same format as Parties No. 3, 4 and so on, each separated by "AND".)

AND WHEREAS the Parties have agreed to constitute themselves into a partnership upon the terms and conditions hereinafter recorded;

NOW THIS DEED WITNESSETH AS FOLLOWS:

2.Name and Place of Business —

(a) The Firm shall carry on business under the name and style of Name and style of the firm.

(b) The principal place of business of the Firm shall be Principal place of business, with such branch or branch offices as the Partners may mutually decide in writing.

3.Capital Contributions —

(a) The initial capital of the Firm shall be Total initial capital of the firm Rupees (Rs. Total initial capital of the firm/-), contributed by the Partners as follows:

Name of Partner	Capital Contribution (Rs.)	Share
First partner's name	First partner's capital contribution	First partner's capital share

Second partner's name

Second partner's capital contribution

Second partner's capital share

Total

100%

(b) Any further capital required for the Business shall be contributed by the Partners in their profit-sharing ratio, or upon such other terms as may be unanimously agreed in writing.

6.Books of Account —

(a) Proper and true books of account shall be maintained at the principal place of business, showing all receipts, payments, sales, purchases, assets and liabilities of the Firm.

(b) Each Partner shall have free access to the books of account at all reasonable times and may take copies or extracts thereof.

(c) The accounts of the Firm shall be closed as at Financial year end in each year and shall be audited by Name of auditor (if any).

7.Management and Conduct of Business —

(a) Subject to this Deed, each Partner shall take part in the conduct of the Business and shall attend diligently and faithfully to the affairs of the Firm.

(i) engage in any business competing with the Business;

(ii) sell, mortgage, charge or otherwise encumber any asset of the Firm other than in the ordinary course of business;

(iii) incur any expenditure exceeding Rs. Expenditure limit per transaction without consent/- in a single transaction;

(iv) admit, appoint or introduce any new partner;

(v) lend, borrow or guarantee any money on behalf of the Firm otherwise than in the ordinary course of business.

9.Interest on Advances and Drawings —

(b) Interest at the rate of Interest rate on drawings (per annum)% per annum shall be charged on drawings made by any Partner in excess of Permitted drawings limit.

12.Retirement of a Partner —

(a) Any Partner may retire from the Firm by giving not less than Notice period for retirement (months) months' prior written notice to the other Partners.

15.Dissolution —

16.Arbitration and Dispute Resolution —

18.Miscellaneous —

(a) Entire Deed — This Deed constitutes the entire agreement between the Partners and supersedes all prior understandings, if any.

(b) Amendment — No modification of this Deed shall be valid unless made in writing and signed by all the Partners.

(d) Severability — If any provision of this Deed is held invalid, the remaining provisions shall continue in full force.

(e) Counterparts — This Deed may be executed in multiple counterparts, each of which shall be deemed an original.

(f) Stamp Duty — This Deed shall be stamped in accordance with the Stamp Act applicable to the State in which it is executed.

IN WITNESS WHEREOF the Parties have hereunto set and subscribed their respective hands on the day, month and year first above written.

SIGNED, SEALED AND DELIVERED

by the within-named Partners

WITNESSES:

PARTNERS:

1. First witness's name

Address: First witness's address

First partner's name

2. Second witness's name

Address: Second witness's address

Second partner's name

(Add signature blocks for further partners, if any.)

1 / 1

All templates

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI, BENCH – IV, NEW DELHI

I.A. NO. Interlocutory application number OF 2024

C.P. (IB)-C.P. (IB) case number/ND/2022

IN THE MATTER OF:

Financial creditor's name PVT. LTD.…. FINANCIAL CREDITOR

VERSUS

Corporate debtor's name…. CORPORATE DEBTOR

AND IN THE MATTER OF:

Applicant's name…. APPLICANT

VERSUS

First respondent's name & ANR.…. RESPONDENTS

INDEX

S. NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties
2.	Letter to Mention
3.	Notice of Motion
4.	Application filed for and on behalf of the Applicant/unit owner under Section 60(5)(c) of the I&B Code, 2016 read with Rule 11 of the NCLT Rules, 2016 seeking directions against the Respondents, along with affidavit and stamp paper
5.	ANNEXURE A-1 (colly.): Copy of orders passed in I.A. Prior I.A. number (annexed orders) dated 19.10.23 and Date of other annexed order

Company and insolvency

Application under Section 60(5)(c) IBC read with Rule 11 NCLT Rules for directions to execute and register sale deed of unit

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL

NEW DELHI, BENCH – IV, NEW DELHI

I.A. NO. Interlocutory application number OF 2024

C.P. (IB)-Main case number (C.P. (IB))/ND/2022

IN THE MATTER OF:

Financial creditor's name.…. FINANCIAL CREDITOR

VERSUS

Corporate debtor's name…. CORPORATE DEBTOR

AND IN THE MATTER OF:

Applicant's name…. APPLICANT

VERSUS

Respondents' names…. RESPONDENTS

INDEX

S. NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties
2.	Letter of Mention
3.	Notice of Motion
4.	Application filed for and on behalf of the Applicant/unit owner under Section 60(5)(c) of the I&B Code, 2016 read with Rule 11 of the NCLT Rules, 2016, seeking directions to the Respondents, along with affidavit and stamp paper
5.	ANNEXURE A-1 (colly): Copy of the orders passed in I.A. Prior interlocutory application number/2024 dated 19.10.2023 and 20.11.2023

Company and insolvency

Application under Section 60(5)(c) IBC with NCLT index, memo of parties, letter of mention and supporting affidavit

BOARD RESOLUTION

[NAME OF COMPANY]

CIN: Company CIN

Registered Office: Registered office address

Day of meeting Month of meeting Year of meetingPlace of meeting

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF Company name (signature block) HELD ON Date of meeting AT Time of meeting AT Venue of meeting

PRESENT:

Name of Director	Designation	DIN
Name of director 1	Designation of director 1	DIN of director 1
Name of director 2	Designation of director 2	DIN of director 2
Name of director 3	Designation of director 3	DIN of director 3

QUORUM

1.The Chairman informed the Board that the requisite quorum was present and the meeting was duly convened in accordance with the provisions of the Companies Act, 2013 and the Articles of Association of the Company.

Company and insolvency

Board resolution for GST registration

BOARD RESOLUTION

Company name

Registered Office: Registered office address

CIN: Cin

The Board of Directors of Company name (the "Company"), convened at a duly held meeting held on Date of meeting at Place of meeting, at which the requisite quorum was present throughout the meeting, passed the following resolution by a majority, with the following Directors voting in favour and against:

Name of Director	Designation	Votes in favour
Name of Director 1	Designation of Director 1	In favour
Name of Director 2	Designation of Director 2	In favour

1. RESOLVED THAT pursuant to the provisions of the Companies Act, 2013, the Memorandum and Articles of Association of the Company, and in accordance with the guidelines issued by the Reserve Bank of India, consent of the Board of Directors be and is hereby accorded for opening of a current account with Bank name, Bank branch address (the "Bank") in the name of the Company, and that the said account shall be styled as "Account style".

Company and insolvency

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Application under Section 60(5)(c) IBC read with Rule 11 NCLT Rules for directions to execute and register sale deed of unit

Application under Section 60(5)(c) IBC with NCLT index, memo of parties, letter of mention and supporting affidavit

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