The Pre Partnership Agreement serves as a critical preliminary document in the Indian business context, used when two or more parties are considering entering into a formal partnership but need to establish ground rules for their exploratory phase. This document is essential for protecting all parties' interests during the due diligence and negotiation period, particularly under Indian partnership law. It typically includes provisions for confidentiality, exclusivity, cost-sharing, and conditions for proceeding to a formal partnership. The agreement helps prevent misunderstandings and provides a clear framework for the pre-partnership phase, while ensuring compliance with the Indian Partnership Act, 1932, and other relevant legislation. It's particularly valuable when significant due diligence is required or when parties need to share sensitive information before committing to a formal partnership.
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1. Parties: Identification and details of all prospective partners
2. Background: Context of the proposed partnership and reasons for entering into this pre-partnership arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Purpose and Scope: Detailed outline of the intended partnership's business purpose and scope of operations
5. Duration: Timeline for the pre-partnership period and conditions for extension
6. Due Diligence: Framework for conducting business, financial, and legal due diligence
7. Proposed Business Structure: Outline of the intended partnership structure, roles, and responsibilities
8. Initial Contributions: Proposed capital contributions, assets, or services to be contributed by each party
9. Confidentiality: Obligations regarding confidential information shared during the pre-partnership period
10. Conditions Precedent: Conditions that must be met before proceeding to formal partnership
11. Costs and Expenses: Allocation of costs during the pre-partnership period
12. Termination: Circumstances and procedures for terminating the pre-partnership agreement
13. Governing Law and Jurisdiction: Specification of applicable law and jurisdiction for dispute resolution
1. Non-Compete: Restrictions on competing activities during and after the pre-partnership period
2. Intellectual Property: Provisions for IP protection and ownership during the exploratory phase
3. Employee Matters: Provisions regarding existing employees and proposed employment structure
4. Insurance: Requirements for insurance coverage during the pre-partnership period
5. Press Releases and Announcements: Controls over public communications about the proposed partnership
6. Exclusivity: Restrictions on negotiating with other potential partners
7. Break Fee: Compensation payable if either party withdraws under specific circumstances
1. Business Plan: Detailed proposed business plan including market analysis and financial projections
2. Due Diligence Checklist: List of required documents and information for due diligence
3. Proposed Partnership Agreement: Draft or key terms of the intended final partnership agreement
4. Asset Schedule: List of assets to be contributed by each party
5. Timeline: Detailed timeline for due diligence, negotiations, and partnership formation
6. Existing Obligations: Schedule of existing contracts, obligations, or liabilities of each party
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Manufacturing
Retail
Technology
Real Estate
Healthcare
Education
Hospitality
Construction
Agriculture
Financial Services
Consulting
Trading
E-commerce
Relevant Teams
Legal
Finance
Corporate Development
Business Development
Operations
Risk Management
Compliance
Strategy
Executive Leadership
Investment
Relevant Roles
Business Owner
Managing Director
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Business Development Manager
Partnership Manager
Corporate Lawyer
Financial Controller
Investment Manager
Operations Director
Company Secretary
Risk Manager
Strategy Director
Compliance Officer
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