Small Business Partnership Agreement Template

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Small Business Partnership Agreement Template

Prepared by:

[PartnerA.FirstName][PartnerA.LastName][PartnerA.Company]

Prepared for:

[PartnerB.FirstName][PartnerB.LastName] [PartnerB.Company]

This small business partnership agreement, entered into on [Document.CreatedDate] is by and between the following entities:

[PartnerA.Company] [PartnerA.StreetAddress][PartnerA.City][PartnerA.State][PartnerA.PostalCode] [PartnerA.Phone]

[PartnerB.Company] [PartnerB.StreetAddress][PartnerB.City][PartnerB.State][PartnerB.PostalCode] [PartnerB.Phone]


Definition	These two partners hereby form a small business partnership, known as [Partnership.Company] or simply “The Partnership.” The principal location of the Partnership shall be as follows: [Partnership.StreetAddress][Partnership.City][Partnership.State][Partnership.PostalCode][Partnership.Phone]
Duration	The Partnership shall commence as of the date of this small business partnership agreement, and shall continue until cancelled pursuant to the full terms of this agreement.
Capital Contribution	Each of the listed partners shall contribute capital to the Partnership as listed below. These capital accounts shall be maintained separately, and shall be regularly balanced in accordance with each partner’s share of the Partnership’s profit and loss.


Distribution of Profits and Losses	All net profits from the Partnership shall be equally shared amongst the partners. In addition, any net losses shall be jointly shared by the partners in a fair and equitable manner.
Partnership Accounts	Neither of the partners may charge the Partnership’s accounts for time or services rendered to the Partnership. They may, at their discretion, withdraw their share of net profits from their respective credit accounts from time to time.
Interest	The Partners’ capital contributions shall not bear interest.
Responsibilities of Partners	The Partners shall equally share responsibility for managing the Partnership. As such, the Partners agree not to enter into additional partnerships, borrow or lend money, or enter into any contract or business position without consent from one another.
Allocation of Funds	All funds belonging to the Partnership shall be deposited and held at [Partnership.Bank] in an account under the Partnership’s name.
Financial Records	The Partnership’s financial records shall be fully documented and maintained at the Partnership’s principal location. These records shall be maintained on a fiscal year basis, with the Partnership’s fiscal year beginning as of the month of this small business partnership agreement. A thorough audit of the Partnership’s financial records shall be conducted by a third party once per fiscal year.
Termination	The Partnership may be terminated at either time by either partner. In the event that one or both Partners wish to cancel this small business partnership agreement, all of the Partnership’s assets shall be promptly liquidated. After resolving any debts, each partner shall receive their share of the Partnership’s final net profits in accordance with their respective shares in the Partnership.
Partner Deaths	The death of either Partner shall grant the surviving partner the right to purchase the other Partner’s interest in the Partnership or dissolve the Partnership entirely at their discretion.
Disagreements Amongst Partners	Any disagreements or claims related to the Partnership or this small business partnership agreement shall be resolved via neutral arbitration in [Partnership.Country] county, [Partnership.State].


Confidential Information	Both parties agree that all information exchanged during the course of the contract will be treated as confidential. The partners assert and affirm to each other that each partner will take credible measures and all reasonable effort to ensure that such information remains withheld from the general public. Confidential information does not include information that has been revealed to the public by the consent of both partners. Any information about the work processes, patents, workflows, and industry secrets, will be treated as confidential.
No Modification Unless in Writing	If any partner wishes to modify or terminate any part of the contract, or make any changes to any existing business operations, they must let the other partner know in writing. The modification/termination will not be considered valid unless it has the agreement of both partners. (Or, in case of more than two partners, a majority vote).
Reasonable Effort	All partners agree that they will, to the best of their ability, make a reasonable effort to ensure that they consistently create work they are proud of. This is not only limited to the work they produce for [Partnership.Company], but also a code of conduct to be followed in the way they present themselves in front of the public, business partners, and employees.
Non-Compete	All partners agree that for the duration of this contract, or until the time they are no longer associated with [Partnership.Company], they will not engage in any events (unless for advertising purposes), or be a part of any company that operates in the same niche as [Partnership.Company]. It is expressly forbidden for either partner to share trade secrets with competing firms.
Dissolution	Dissolution of the Partnership may occur once all partners or a majority of partners agree to dissolve the Partnership, or at the end of the stipulated term of this Partnership, should an end date be part of this agreement. Any assets and liabilities arising from the dissolution will be shared equally between both partners.
Enforceability	If any part of this agreement is considered null and void (for any and all reasons), the rest of the agreement will still be considered enforceable.
Disputes	In case of any disputes between parties, all parties agree to peacefully and amicably reach a settlement. If no settlement is reached, or if a settlement amount isn’t agreed upon by both parties, one party or both parties may seek legal recourse in a court of law in [Partnership.County], [Partnership.State].


Professional Relationships	All parties agree to enter into the agreement by adhering to a strictly professional relationship. If any parties are found to have workplace relationships that have not been communicated to and recognized by the HR department, then they may be asked to terminate their partnership, or be faced with a penalty.
Distribution of Assets and Liabilities	All partners agree that all losses or liabilities, just like assets and profits, will be divided equally amongst all partners. All business partners will routinely undertake a plan of action on how to mitigate liabilities, losses, and overall risk.
Terms and Conditions	All partners agree to accept all terms and conditions mentioned in this agreement, and give their consent to move forward, without needing any modifications in the agreement.

Acceptance

By signing below, the listed individuals certify that they have full authority to represent the partners to this agreement, and hereby enter into this small business partnership agreement.

MM / DD / YYYY

Signature

[PartnerA.Company] [PartnerA.FirstName][PartnerA.LastName]

MM / DD / YYYY

Signature

[PartnerB.Company] [PartnerB.FirstName][PartnerB.LastName]

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A partnership agreement is a contract that determines the contributions, rights, and responsibilities of each engaged party. It is necessary to ensure all the details before drafting the agreement to avoid any non-precise moments and definitely comply with the local, state, federal laws. In the majority of cases, it is a long-term agreement to verify important terms of the business performance, including new parties’ entering.

A partnership agreement isn’t assigned for large enterprises only. This contract can be signed between two members, ensuring their healthy and solid bonds in the long run. Such legal documents will clear business management nuances, the degree of responsibility of each engaged party, their contributions, and what will happen with the involved funds/sensitive data after terminating the partnership.

Of course, each and every contract has to include important information about signing members, including their contact details. The list of must-haves would be incomplete without specifying the capital contributions of future partners and their duties. Another essential clause is to allocate and share incoming and outcoming funds. Aside from working upon profits and losses, partners have to accept their liabilities and verify methods of solving disputes.

Partnerships are distinguished by varying degrees of members’ involvement in the business running, as well as their unlike rights and duties. General and limited liability partnerships are similar in their functionality, differing in terms of the responsibilities each of the respective parties has to satisfy. Limited and limited liability limited partnerships assign at least one agent with more powers and authority, but the members’ roles in managing the business aren’t the same at all.

A small business needs a partnership agreement to operate according to established terms and principles. Both parties who take part in the road are protected because responsibility follows for breaking the rules. When drafting a partnership agreement with a small business, the partners once again analyze their company to spell out the terms, which brings additional benefits. They establish their relationship in writing, so no one can forget their responsibilities. If the partnership breaks up, each party will keep the confidential information that was spelled out at the outset in the agreement.

The most important part of a small business partnership agreement is the terms and conditions. It spells out all the information about the name of the company that was created through the partnership; and the date of the partnership. It can also state the amount of capital that each party contributes; the distribution of net income between the parties; responsibilities regarding management and non-compliance; financial statements; the termination of the partnership and many other details that the partners deem important. These details are prescribed in the PandaDoc template, which you can download for free.

What are Partnership Agreements for Small Businesses?

Partnership agreements for small businesses are contracts necessary for the conduct of business by more than one party and made under the laws of a particular state. It specifies all the important information that will be important during the start and implementation of the work activity.

All details are negotiated between the parties and prescribed in a small business partnership agreement template. You should be careful when filling it out because this document will regulate the activities of your small businesses, so make sure you don’t miss important business aspects. In addition, the obligations of each partner are established, therefore, this agreement acts as a guarantee.

When to Use a Small Business Partnership Agreement?

You may use a small business partnership agreement template whenever you decide to enter into a new business venture with another party. The company does not necessarily have to be large. This agreement can be written between any two partners who want to bring clarity between each other and back it up legally. Specifically, the cases are as follows:

Determine the structure of management. This refers to spelling out the clear responsibilities by which each party is authorized.
Each partner’s share of the business. Describe how much each partner owns. This may depend on the factor of financial investment, or physical investment. The share of each partner can be given as a percentage. This section is supplemented by the responsibilities of each party involved.
Protection of intellectual property. This is an important nuance that will help prevent many problems. You will protect your intellectual property, which can include trademarks, slogans, patents, etc.
Resolve disputes. In the process of doing business together, misunderstandings may arise, which are easier to solve through a pre-written contract, which includes information about this.
Termination of the partnership agreement. Such a section may be drafted on a case-by-case basis. It usually consists of the terms of the termination agreement, the division of assets, the transfer of obligations and many other important details.
Decision making agreement. Any business requires decisiveness and sometimes crucial decisions. How they will be made can be agreed in advance, so that at some important stage there will be no misunderstandings, and negotiations will go as quickly as possible.

Agreement Terms And Conditions for Small Business

The main part of the document consists of conditions. They need to be filled out in order to ensure cash flow and understanding between business partners. It describes methods of payment, and accrual of earnings, including capital contributions, financial reporting, and many other nuances. Each business is different, which means it will be up to the parties to determine both the details of payment and other responsibilities.

The business owners can bind their cooperation relationships before starting new projects making sure everyone will fulfill their responsibilities according to the completed agreement. Small business partnership agreement terms in this case act as a guarantee of stability, which is important in every business.

The terms and conditions spell out the rules of the relationship, which allows the initial stage to properly configure the authority and tasks of each, as well as adjust many other processes. Like any other section in the document, they are legally binding. It is recommended that you consult with a lawyer when drafting your terms and conditions.

How to write a partnership agreement for a small business?

There are many simple business agreement samples on the Internet that you can rely on when drafting. But each agreement is individual, so make sure you include the terms that are of value to your partnership. The Small business partnership agreement consists of these sections:

Introduction and Definitions
Partners
Contributions
Management
Accounts and Records
Distributions
Capital Expenditures
Dissolution
Miscellaneous Provisions

A section with an acceptance that is confirmed by the signatures of both parties that relate to future small business partnerships.

The terms and conditions prescribe not only the details of the flow of work but also the conditions for termination of cooperation. Talk about these points in advance and spell them out, because they can make the future easier and save you unnecessary headaches.

Once all items are filled out, the information is supported by signatures and dates, and then becomes legally binding. Both parties can keep a copy of this document in a PDF file.

Small Business Partnership Agreement PandaDoc

This small business partnership agreement template can be used by two companies who wish to form a joint venture with one another.