Samaksh and Puneet are partners in a firm manufacturing and marketing jeans in the name and style of Novelty Garments. Now they want to admit Ms. Sameeksha, a Sartorial expert, as a new partner. Prepare a Deed of Agreeme
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2021
Samaksh and Puneet are partners in a firm manufacturing and marketing jeans in the name and style of Novelty Garments. Now they want to admit Ms. Sameeksha, a Sartorial expert, as a new partner. Prepare a Deed of Agreement for admission of Ms. Sameeksha into the firm.
Answer & Explanation:
This Agreement is made at this............day of............between Mr. Samaksh and Puneet hereinafter jointly referred to as the existing partners of the one part and Ms. Sameeksha hereinafter referred to as the new partner of the other part. Whereas Mr. Samaksh and Mr. Puneet are carrying on business in partnership in the name and style of M/s. Novelty Garments from the day of............under and by virtue of the deed of partnership dated the............day of............entered into between them. And Whereas the existing partners now desire to admit Ms. Sameeksha as an additional partner in the said partnership firm and Ms. Sameeksha is also willing the join the said partnership on the terms hereinafter provided. And Whereas the present book value of their shares in capital contribution of the existing partners Mr. Samaksh and Mr. Puneet and in the assets of the Firm is ₹............and ₹............respectively which Ms. Sameeksha has agreed to accept. And Whereas Ms. Sameeksha is willing to bring in a capital contribution of ₹............in the Firm. Now it is agreed by and between the partners hereto as follows: The existing partners hereby admit Ms. Sameeksha as a partner along with the existing partners of the said firm carried on or in the name of M/s. Novelty Garments from the............day of............20..... The partnership business will be carried on the same name as above mentioned and at the same place of business as at present. The business of the partnership will be the same as at present carried on and may be changed or added to with the consent of all the partners. The shares in the capital assets including goodwill of the firm as on this day............of the said three partners will be treated as follows - Mr. Samaksh ............ 40% Mr. Puneet ............ 40% Ms. Sameeksha ............ 20% The shares of the parties hereto in the net profit and losses of the partnership will be as follows: Mr. Samaksh ............ 40% Mr. Puneet ............ 40% Ms. Sameeksha ............ 20% The duration of this new partnership will be at will but any partner may retire from the partnership by one month's prior notice. In case of difference of opinion on any question regarding business, the opinion of the majority will be final and binding on all the partners. Subject to what is otherwise provided herein the terms and conditions mentioned in the said deed of partnership dated............will be binding on the parties as if the said Ms. Sameeksha was a party thereto and subject as aforesaid the said the deed of partnership as amended by this agreement will be treated the deed of partnership between the parties hereto. The change in the constitution of the said firm made by this agreement will be notified or registered under the Partnership Act, and Income Tax Act, as per the legal requirements thereof. IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written. Signed by the within named Mr. Samaksh in the presence of............ Signed by the within named Mr. Puneet in the presence of............ Signed by the within named Ms. Sameeksha in the presence of............
Topics: Partnership Law
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