A Declaration of Partnership Affidavit is a crucial legal document used in Canadian business practice when partners need to formally establish the existence and details of their partnership. This document is commonly required when opening business bank accounts, applying for licenses or permits, engaging in legal proceedings, or proving partnership status to third parties. The affidavit must comply with both federal and provincial requirements and typically needs to be sworn before a Commissioner of Oaths or Notary Public. It contains detailed information about the partnership structure, partner information, business operations, and financial arrangements. This document is particularly important in situations where formal proof of partnership is required, as it serves as a sworn statement that can be relied upon by government authorities, financial institutions, and other business entities.
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1. Affiant Information: Identification of the person making the affidavit, including full legal name, occupation, and address
2. Partnership Identity: Name of the partnership and principal place of business
3. Partner Details: Names, addresses, and roles of all partners in the partnership
4. Partnership Formation: Date and circumstances of partnership formation, including any relevant agreements
5. Nature of Business: Description of the partnership's business activities and operations
6. Capital Contributions: Statement of initial and subsequent capital contributions by partners
7. Profit and Loss Sharing: Declaration of how profits and losses are shared among partners
8. Partnership Duration: Statement of when the partnership began and its intended duration
9. Management Structure: Description of how the partnership is managed and partners' authorities
10. Verification Statement: Formal statement affirming the truth of the contents
11. Jurat: Space for notary or commissioner's signature and seal
1. Special Partner Provisions: Required for limited partnerships to specify limited partners' roles and liability limitations
2. Intellectual Property Rights: Include when the partnership owns or manages significant intellectual property
3. Real Property Holdings: Required when the partnership owns real estate or land
4. Foreign Operations: Include for partnerships with international business activities
5. Previous Partnership History: Include if the partnership is a continuation or reorganization of a previous business
6. Regulatory Compliance: Include for heavily regulated industries requiring specific licenses or permits
7. Banking Arrangements: Include when specific banking details need to be documented
8. Partnership Insurance: Include when partnership holds significant insurance policies
1. Partnership Agreement: Copy of the original partnership agreement
2. Business Registration: Proof of partnership registration with relevant authorities
3. Financial Statements: Recent financial statements or proof of capital contributions
4. Property Documents: Deeds, leases, or other property-related documentation
5. Partner Identification: Copies of government-issued ID for all partners
6. Business Licenses: Copies of relevant business licenses and permits
7. Previous Partnership Documents: Documentation of any predecessor partnerships or businesses
8. Banking Resolutions: Partnership banking arrangements and authorizations
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