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Bornoporichoy Partnership Agreement Draft - NEW
Bornoporichoy Partnership Agreement Draft - NEW
Bornoporichoy Partnership Agreement Draft - NEW
This DEED of partnership is made on this 24th February, Two Thousand and
Twenty-Two.
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BETWEEN
Sri. Amal Kumar Banik, S/o- Sukhendu Bikash Banik, by Faith Hindu, by
Occupation- Business, being PAN ALJPB9522A residing at
Gobindapur,Dakhshin Gobindapur, P.O - , P.S - South 24 th
Parganas, Kolkata – 700145, FIRST PARTY (which expression shall unless
otherwise repugnant to the context be deemed to mean and include her
heirs, executors, successors, legal representatives, administrators and
assigns) of the FIRST PART.
AND
AND
All of them herein after called and referred to as the PARTNER which
expression shall include and mean their respective representatives’
nominees, heirs and agents etc.
1. That subject to the conditions contained herein, the parties shall constitute
contained herein, all of three parties herein shall constitute and become
the partners of the partnership business and shall equal ratio on
Partnership basis under the name and style of “BORNOPORICHOY FILMS”
or any other name as and when all the parties herein shall mutually decide.
2. That the said business of the firm shall be carried on by the three partners
herein in the shop room measuring about _____ sq. Ft. more or less on
the ground floor of the premises No. 3/6/1 Azadgarh (Regent Park)
Kolkata 700040, or any other place or places as and when the partners
herein shall from time to time mutually decide.
3. That the Partnership shall be at Will of the partners of the said partnership
business and the initial capital of the said partnership business shall be the
sum of Rs.1,00000/- (Rupees One Lakh Only) only which shall be
contributed both the partners in the following ratio :-
4. That if any further additional capital is required for the purpose of the
Partnership business, that shall be contributed by any of the partners as
and when required and the said partner shall be entitled to interest on
capital @12% per annum for such additional amount by such manner as
may be mutually agreed upon otherwise shall be collected from the market
by way of loan.
5. That it is agreed by and between the partners hereto that all the partners
herein shall actively devote their times and attention in the conduct of the
affairs of the partnership business, as the situation would demand for the
greatest interest of the partnership business.
7. That Accounting year of the said Partnership business shall be the financial
year commencing from 1st of April to 31st day of March in the following year
and thereafter in all the succeeding year during the continuance of the
partnership firm.
8. That the partners herein shall open Bank Account in the name of the said
partnership business with any Nationalized Bank, Private Bank or any financial
institution as the partners herein mutual decide and the said Bank account or
accounts shall be operated by the partners herein jointly and they shall
put their respective signatures over all the papers and documents as and when
the same shall be required to do so and all moneys of the
said partnership business shall be paid or deposited in to the said bank or
banks to the credit of the said partnership business Account or Accounts and/
or shall be withdrawn any amount by putting their joint signature (any two)
over the
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withdrawn form and shall issue their joint signature over the withdrawal form
and shall issue cheque by putting their joint signature in the name of the said
partnership firm.
9. That either of the partners shall not have any right and authority to start or
engage them in any other similar types of business in any part of this country
and both the parties herein shall maintain the interest of the partnership
business at all times.
10. That both the partners herein shall punctually pay their respective separate
debts and shall completely indemnify the other partner from and against
private debts and engagements and all actions and expenses on account
thereof and shall pay all moneys, cheques or any other amount received by
any one of them on behalf of the partnership firm in the Account/Accounts
of the Partnership firm and shall be just and faithful to each other’s.
11. That none of the partners shall without the consent of the others partner,
take any decision or make any agreement or contract with any other person
or persons or firm, organization, institution, authority in any manner for the
said partnership business.
12. That any person may be admitted into partnership as new partner of the
said business as may be mutually agreed upon by the partners hereto as per
their mutual decision.
13. That in the event of any partner desiring to retire from the said partnership
for any reason whatsoever, he/she/they shall give
three months’ prior notice in writing to the other partner intimating
his/her/their desire and the retiring partner shall be paid off or made over
her share in the goodwill, capital and assets of the said Partnership and the
share of the profit as on the date of retirement and after making over all her
claims and dues against the said firm as notified, he/she shall be deemed to
be free from the said partnership and remaining partner shall carry on the
business.
14. That during the continuance of the said partnership, if any of the partners
demises in the event the any one legal heir of the deceased partner shall be
entitled to become partner of the said firm and the said legal heir of the
deceased partner shall abide by all the rules and regulations of this
partnership firm as embodied in this instrument and shall be entitled to the
ratio of profit and loss of the said firm as the deceased partner is entitled to
obtain is/her share of profit and loss of the business on the other hand legal
heir or representative of the deceased partner shall be made over the share
of the deceased partner said on the date of death after proper calculation
and ascertaining the profit and loss unto that date, to the legal heirs of the
said deceased partner.
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15. That in case of dissolution of the said partnership for any reason
whatsoever, the assets of the said partnership shall forthwith be realized
and after payment of all debts, if any balance amount of the partnership
shall be divided amongst the partners in proportionate to the ratio of share
and in case of loss, the partners shall continue to bear the said loss in profit
sharing ratio as mentioned above.
16.That each of the partners shall have the right and authority to represent
the partnership firm before any Court of Law, Revenue Department,
Government or Semi-Government Offices, Municipal Corporation, Post
Office, Public or Private Bodies, Company, Firm Society and Treasury etc.
whatsoever as per resolution of the said partnership firm.
17. That all differences and disputes either during the continuance of the
Partnership between the partners hereof and/or them hereof and/or their
heirs and/or representatives of any deceased partner in regard to any of the
matters or things whatsoever relating to the said partnership firm and/or to
the construction or distribution of share of profit and loss or any clause
herein contained and/or any account, valuation and/or division to be made
hereunder and/or any act, deed and/or rights, duties and/or liabilities of any
person under these presents shall be mutually settled as per proper
discussion between the partners herein and failing of which the matter shall
be referred to arbitrator to be appointed by the partners as per their
mutual discussion and the decision of the sole arbitrator shall be treated as
final and both the partners herein shall abide by the same for greatest
interest of partnership business.
18. That the partners herein shall carry on the said partnership business after
obtaining or renewing proper trade license, and other consent or permission
from the competent authority for the greatest interest of the partnership
firm.
19. That the partners herein shall abide by all the conditions of this instrument
sincerely and without causing any breach of conditions in any manner.
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IN WITNESS WHEREOF the parties hereto have set and subscribe their respective
hands hereunto in this Deed of Partnership this the day, month and year first
above written.
First Part
__________________
Name:
WITNESSES:-
1)
Second Part
2) __________________
Name:
Date:
Third Part
__________________
Name: