Why do I need a Partnership Agreement?

By DRN Solicitors

02 Nov 2021

handshake.jpeg

When working alongside a business partner, great care must be taken to ensure every aspect of your business arrangement is agreed upon and verified by all parties involved. 

Having a detailed partnership agreement in place is the only way to protect both you and the business in the event of any complications. 

When unforeseen circumstances or complications arise, such as internal disputes, an unexpected death of one of the partners, or split opinions over the interests of the business, your partnership agreement will provide all parties with security, and will be valuable in taking the first steps for any matters to be resolved. 

Here are our top four reasons for putting a partnership agreement in place… 

Taking control 

Whilst having a partnership agreement in place for your business may not be a legal requirement, it’s certainly in your best interests to do so. Without a partnership agreement, your business partnership will be governed by the Partnership Act 1890. 

Written into law over 130 years ago, the Act is, unfortunately, now quite outdated, and lacks the scope to cover the various formats modern business partnerships can take. 

The Act essentially sees all partners as equals, which may not ultimately reflect the true nature of your arrangement. This can lead to lengthy disputes in the event of a disagreement, and undesirable results in the long-term. 

With a partnership agreement in place, the contract will override the provisions of the Partnership Act 1890, enabling you to take greater control in the management of your business and partnership arrangement.  

Future-proofing 

Having a partnership agreement in place will provide protection in the event of a dispute, or any unforeseen circumstances or complication, helping to reduce costs should something go wrong. 

Should a dispute arise, the terms that have been agreed to will already be outlined in the agreement, helping you to reach a resolution in a timely manner. 

Protecting your finances 

Without a partnership agreement, each partner in the business owns an equal share of the assets, and this may not properly reflect the nature/extent of the contributions made by each partner. 

For example, if one partner has contributed more to the business in terms of time and money, it may seem unfair for the other partner(s) to be entitled to financial assets of equal weighting. 

Your partnership agreement will enable you to delineate varying degrees of profit and loss, allowing you to distribute the assets in accordance with the shares held by each partner and the contributions they’ve made to the business. 

Clarifying liability 

In the event of a joint partnership, it is essential to have a comprehensive partnership agreement in place. 

Without an agreement in place, should a business partner make an unfortunate business decision which leads to a loss, debt or bankruptcy, all of the partners involved in the business will be liable, even if they have not been directly involved in the decision-making process. 

Your partnership agreement can be drafted to outline clear terms for what should happen in such circumstances, preventing a situation such as this from arising. 

Fixed-fee legal services for your business 

At DRN, we are committed to building respectful and honest working relationships with all of our clients, enabling us to provide the very best service and appropriate legal advice and support as suited to your needs. 

Our Corporate Law services are offered as part of a fixed-fee monthly retainer package, providing you with unlimited, on-demand legal advice and support that you can trust. 

Get in touch to find out more about our fixed fee packages. 

Construct your partnership agreement today!

As experienced commercial lawyers, the team here at DRN has supported and advised hundreds of businesses and organisations, both large and small, on new partnership arrangements.  

Contact our offices today to take the first steps in drafting your new partnership agreement.  

Latest news

1

Record turnover as Napthens continues to grow Stephen Faulkner

Record turnover as Napthens continues to grow

22 Jan 2025

2

Ranvir Singh to host Convention of the North 2025 in Preston Ranvir Singh

Ranvir Singh to host Convention of the North 2025 in Preston

22 Jan 2025

3

Lancashire Business Board chairman takes centre stage at Festival of Business Mo Isap

Lancashire Business Board chairman takes centre stage at Festival of Business

21 Jan 2025

4

Early handover success for £1.7m youth centre expansion in Blackpool Representatives from Blackpool Council, Blackpool Boys and Girls Club, Warden Construction and Cassidy and Ashton

Early handover success for £1.7m youth centre expansion in Blackpool

21 Jan 2025

5

Staci UK launches degree apprenticeship scheme Staci apprentices

Staci UK launches degree apprenticeship scheme

21 Jan 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

North West Holiday Home Show
PLG - NWHHS - Social - Jan 2024.jpg.jpg
LBV Hub Exhibitions
18 Jan 2025 - 26 Jan 2025

North West Holiday Home Show

South Lakeland House Showground, Yealand Redmayne, LA5 9RN

09:00 - 14:58

Level 3 Emergency First Aid at Work Course - In Person
LBV Hub Webinar
22 Jan 2025 - 22 Jan 2025

Level 3 Emergency First Aid at Work Course - In Person

RKMS Group , Blackpool, FY42DP

09:30 - 17:00

January Freelancer Meet-Up and Coworking Day
Freelancer Meet-Up Jan general.png.png
LBV Hub Networking
23 Jan 2025 - 23 Jan 2025

January Freelancer Meet-Up and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:00

The Marketing Meetup IRL: Lancashire
LBV Hub Event Image.png.png
LBV Hub Networking
30 Jan 2025 - 30 Jan 2025

The Marketing Meetup IRL: Lancashire

Strawberry Fields Digital Hub, Chorley, PR7 1PS

18:00 - 20:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Police Apprenticeship event
Student Centre Autumn 2022.jpg.jpg
LBV Hub Social
12 Feb 2025 - 12 Jan 2025

Police Apprenticeship event

University of Central Lancashire, Foster Social Space , Preston , PR1 2HE

16:00 - 19:00

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Sub36 Networking - Behind the beans
Sub36 Social1200Atkinsons New
Networking
14 Feb 2025

Sub36 Networking - Behind the beans

Atkinsons Speciality Coffee, Lancaster, LA1 1 EX

09:00 - 11:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

12:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin