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If one needs to understand the partnership deed, before that he/she needs to know how does the partnership deed come into existence. When two or more people want to start a new business & to share the profits & losses they come together to form a partnership such written agreement is known as ‘Partnership Deed’. One can also call it is a ‘Partnership Agreement’. And when such business gets registered by its own name the same is called as a ‘Partnership Firm’.

Partnership Deed is a written Partnership Agreement. It is basically made when two or more people want to start a new business they come together under the mutual understanding with the only purpose to do business & share profits & losses in the decided manner.

Key Points to Remember While Drafting Partnership Deed:

1. Number of Members:
In a Partnership, there is a minimum requirement for two members. Previously there was a limitation on the number of partners as follows:

  • a. Banking business-Less than or equal to ten
  • b. Non-Banking business- Less than or equal to twenty

If there are more partners than the given above then it becomes illegal to continue the business of the partnership.
2. Minimum capital requirement:
There’s no limitation on the requirement of capital at the beginning of the business. Partners can start of the business with as much as minimum capital they want. The calculation of stamp duty also depends on the amount of capital which has been put by partners.
3. The name should be different:
While deciding a name for the firm the care has been taken that it should not indicate any undesirable intention, it should be simple & easy.

A Partnership Deed is mainly formed on the basis of the following five factors which are given as under:

  1.  A partnership deed is basically said to be a contract between the partners of the business. Which binds all the partners in a legal relationship between the partners.
  2. The minimum requirement for forming a partnership is of two members & there is a limitation of ten in case of banking & twenty in case of non-banking business.
  3. All partners should have a mutual understanding for doing a business.
  4. The ratio for profits & losses should be decided among all the partners well in advance.
  5. All partners should maintain the relationship as a principal-agent. Every partner is answerable for the actions of other partners.

Any standardized partnership deed format should have the following clauses which are important from the firm point of view:

  • Names and Addresses of the firm and its main business;
  • Names and Addresses of all partners;
  • A contribution of the amount of capital by each partner;
  • The accounting period of the firm;
  • The date of commencement of partnership;
  • Rules regarding an operation of Bank Accounts;
  • Profit and loss sharing ratio;
  • The rate of interest on capital, loan, drawings, etc;
  • Mode of auditor’s appointment, if any;
  • Salaries, commission, etc, if payable to any partner;
  • The rights, duties, and liabilities of each partner;
  • Treatment of loss arising out of insolvency of one or more partners;
  • Settlement of accounts on the dissolution of the firm;
  • Method of a settlement of disputes among the partners;
  • Rules to be followed in case of admission, retirement, the death of a partner; and
  • Any other matter relating to the conduct of business. Normally, all the matters affecting the relationship of partners amongst themselves are covered in partnership deed.

As such there is no such standardized format of Partnership Deed, all the relevant topics should get covered in the partnership deed & same should be signed by all the partners.


  • Registration of a Partnership firm is optional under Indian Partnership Act, 1932
  • Registration of the partnership firm can be done at any time before starting of the business of while business is in its continuation.
  • It is always recommended to register the firm as it enjoys more benefits rather than unregistered ones.

A partnership is a business concern which deals with purely business aspects among its partners. A written document is much more useful than the oral agreement made between two or more person. As to outline & clearly specify business needs we should the creation of partnership deed is the foremost factor. The importance of creating a partnership deed is given as under:

  • A well-drafted partnership deed specifies the rights, liabilities of the partners, profit sharing ratio among partners, capital requirement, etc.
  • It avoids the confusion among the partners & state clearly about

each & every partner in detail.

  • In future, if any dispute has arisen then it can be settled through referring the partnership deed.

I] The first & foremost step while registering a Partnership Firm is to collect the following documents:

  1. Address Proof of your firm, e.g. – current account details or any other license    

     Applied in the name of your firm.
b. Identity proof of partners – PAN Card, Voters’ ID card, Passport etc.
c.  Address proof of partners – electricity bills, ration cards, Aadhaar Card, Passport   etc.
d.  Attested Partnership Deed
e.  Stamp Duty of appropriate value (Through Stamp papers){1}
f.  Photographs of all partners.
g. Completely filled application form – Contact numbers of relevant authorities and          

    Application forms can be found here :

  1. Delhi: Currently, for the state of Delhi, the firm is first required to be registered with the jurisdictional Sub-Registrar office (where the routine property registrations are made) so that due stamp duty is assessed properly by the government official. Once the same is registered as a document with the State Revenue Authority, it needs to be registered with the Registrar of Firms and Society.

Kindly take a note that each state is having different provisions regarding the registration

For manual registration time limit is one month. So it is always preferable to apply for registration online as it is less hassle-free.

As well after finalizing the Draft of the Partnership Deed, it should also notarize the same on non-judicial stamp paper of Rs.200 or more & should be signed by all partners.

To make a Partnership Deed you must log in on our website & fill the required details asking for the following credentials:

II] The second step is to submit the application to the Registrar of Firms along with very much little of fees.

After completion of all the formalities, Registrar should provide the Certificate of Incorporation & enter the name of the firm in his books.
Also, a separate PAN Card should be obtained from the IT Department in the name of the firm.

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Partnership means when two or more person is coming together to start a business with an intention to share profits & losses it is said to be a ‘Partnership’. & the business which was run by them under the name of the registered firm is called as ‘Partnership Firm’.The people coming together to form a partnership is called ‘partners’.

A Partnership Deed is a written instrument made between two or more person who is obliged to carry on the business under the name of partnership firm. It is the most important document which conveys the terms & conditions of the firm. It also mentions the duties, rights, liabilities & other business related details. This is the document on which all the functions of the business among all the partners have been decided.

As per The old Companies Act,1956 there was a limitation on the maximum number of the member that is for banking business it’s 10 & for non-banking business its 20.

The deed was made with the intention of setting out the clear business intention & role of partners & to express the business requirements in a precise form on the paper. As the written document is more valid than the oral one.

Registration is optional for partnership, but it is always advisable to register the partnership firm. The reason behind registration is simple that registered partnership firms enjoy some more rights than unregistered firms.One should note that registration with the Income Tax Department is different than registration of firms with Registrar of Firms. Registration for income tax in anyhow mandatory for all the firms.