Partnership Agreement Article Re: Valuation of a Partnership Interest

Document Sample
Partnership Agreement Article Re: Valuation of a Partnership Interest Powered By Docstoc
					A partnership agreement sets forth the terms and conditions that govern the relationship
between business partners and their obligations to the partnership. Without a written
partnership agreement, state law may determine the default rules as to the rights of
partners and how partnership assets and liabilities will be distributed. Depending on the
goals and purposes of the partnership, various provisions can be included in the
agreement detailing the rules that will govern the relationship between the partners and
what shall occur if specific contingencies arise. This partnership agreement article on
Valuation of a Partnership Interest may be inserted into a partnership agreement and
can be modified depending on the partners’ specific needs.
                                  PARTNERSHIP AGREEMENT ARTICLE

                                       RE: VALUATION OF INTEREST

A valuation of a Partnership interest is defined as:

        (1) the amount of the Partner’s capital account (as of the end of the fiscal year of the
Partnership next preceding the day on which the event triggering the valuation occurs, for
example, death, retirement, withdrawal or a declaration of incompetency) shall be adjusted for
the following:

a)      Any additional capital contributions made by the Partner and any distributions to or
withdrawals made by the Partner during the period from the end of the preceding fiscal year to
the day on which the retirement, withdrawal, death or incompetency occurs;

b)      The Partner’s share of profits and losses of the Partnership from the end of the preceding
fiscal year of the Partnership to the day on which the retirement, withdrawal, death or
incompetency occurs, determined in accordance with Generally Accepted Accounting Principles,
consistently applied; and

c)      The difference between the Partner’s share of the book value of all of the Partnership
assets and the fair market value of all Partnership assets, as determined by a fair market value
appraisal of all assets.

Unless the retiring or withdrawing Partner, or the legal representative of a Partner who is
deceased or declared incompetent and the Partnership can agree on one appraiser, three (3)
appraisers shall be appointed: one by the Partnership, one by the retiring or withdrawing Partner,
and one by the two appraisers thus appointed. All appraisers shall be appointed within
___________ (___) days of the date of retirement, withdrawal, death or incompetency. The
average of the three appraisals shall be binding on all Partners and his/her legal representatives.




© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                2

				
DOCUMENT INFO
Shared By:
Tags:
Stats:
views:295
posted:12/8/2011
language:English
pages:3
Description: A partnership agreement sets forth the terms and conditions that govern the relationship between business partners and their obligations to the partnership. Without a written partnership agreement, state law may determine the default rules as to the rights of partners and how partnership assets and liabilities will be distributed. Depending on the goals and purposes of the partnership, various provisions can be included in the agreement detailing the rules that will govern the relationship between the partners and what shall occur if specific contingencies arise. This partnership agreement article on Valuation of a Partnership Interest may be inserted into a partnership agreement and can be modified depending on the partners’ specific needs.