Small Business Partnership Agreement Template for Germany

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Key Requirements PROMPT example:

Small Business Partnership Agreement

"I need a Small Business Partnership Agreement for a tech consulting firm in Berlin with three equal partners, including specific clauses for intellectual property protection and remote work arrangements, planned to commence operations on March 1, 2025."

Document background
The Small Business Partnership Agreement is essential for entrepreneurs and small business owners in Germany who wish to formalize their business relationship in accordance with German law. This document is particularly relevant when two or more individuals or entities decide to collaborate in a business venture while sharing profits, losses, and responsibilities. It addresses key aspects required under German partnership law, including provisions from both the Civil Code (BGB) and Commercial Code (HGB). The agreement should be used at the outset of forming a business partnership or when formalizing an existing informal partnership arrangement. It covers crucial elements such as capital contributions, profit distribution, management rights, decision-making processes, and partner obligations, while ensuring compliance with German regulatory requirements for small business operations.
Suggested Sections

1. Parties: Identification and details of all partners entering into the agreement

2. Background: Context of the partnership formation and partners' intention to collaborate

3. Definitions: Definitions of key terms used throughout the agreement

4. Partnership Formation: Official establishment of the partnership, including business name, purpose, and commencement date

5. Capital Contributions: Details of initial and ongoing capital contributions from each partner

6. Profit and Loss Sharing: Agreement on how profits and losses will be distributed among partners

7. Management and Decision Making: Structure for partnership management and process for making business decisions

8. Partners' Duties and Obligations: Specific responsibilities and commitments of each partner

9. Banking and Financial Records: Arrangements for banking, accounting, and financial record-keeping

10. Addition and Withdrawal of Partners: Procedures for admitting new partners and handling partner withdrawals

11. Term and Termination: Duration of the partnership and conditions for termination

12. Dispute Resolution: Procedures for resolving conflicts between partners

13. Governing Law: Confirmation of German law application and jurisdiction

14. Signatures: Execution section for all partners to sign

Optional Sections

1. Non-Competition: Restrictions on partners engaging in competing businesses, used when partners have other business interests

2. Intellectual Property: Ownership and usage rights of IP created during the partnership, relevant for knowledge-based businesses

3. Insurance: Requirements for business insurance coverage, important for high-risk industries

4. Employee Management: Procedures for hiring and managing employees, needed when the partnership plans to have employees

5. External Investment: Provisions for accepting external investment, useful for partnerships planning future growth

6. Partnership Property: Management of partnership-owned assets, important when significant physical assets are involved

Suggested Schedules

1. Schedule 1: Initial Capital Contributions: Detailed breakdown of each partner's initial capital contributions

2. Schedule 2: Business Plan: Initial business plan and strategy

3. Schedule 3: Partner Contact Details: Complete contact information for all partners

4. Schedule 4: Asset Register: List of partnership assets and their values

5. Schedule 5: Division of Responsibilities: Detailed allocation of business responsibilities among partners

6. Appendix A: Partnership Bank Account Details: Banking information and authorized signatories

7. Appendix B: Accounting Policies: Agreed accounting principles and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

Professional Services

Consulting

Crafts and Trades

Technology

Food and Beverage

Creative Industries

Healthcare Services

Real Estate

Education and Training

Digital Services

Local Manufacturing

Agriculture

Tourism and Hospitality

Relevant Teams

Legal

Finance

Operations

Administration

Compliance

Risk Management

Business Development

Corporate Governance

Tax

Strategy

Relevant Roles

Business Owner

Managing Partner

Entrepreneur

Legal Counsel

Business Development Manager

Financial Controller

Operations Manager

Company Secretary

Tax Advisor

Business Consultant

Risk Manager

Compliance Officer

Partnership Administrator

General Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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