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The 60/40 Partnership Agreement is a crucial legal document used in South Africa when establishing a partnership where ownership and control are divided in a 60/40 ratio between partners. This structure is particularly common in scenarios involving B-BBEE compliance, joint ventures, or strategic business partnerships. The agreement is governed by South African law and incorporates elements of both common law principles and statutory requirements. It provides comprehensive coverage of partnership operations, including capital contributions, profit sharing, management rights, dispute resolution, and exit mechanisms. This document type is essential for businesses seeking to formalize their partnership structure while ensuring compliance with South African legal and regulatory requirements, including the Companies Act, Income Tax Act, and where applicable, B-BBEE legislation.

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

2. Background: Context of the partnership formation and general intention of the parties

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpretation

4. Formation of Partnership: Declaration of partnership formation and its effective date

5. Partnership Name and Business: Agreed name of the partnership and description of its business activities

6. Duration: Term of the partnership (fixed term or indefinite)

7. Capital Contributions: Details of initial and any subsequent capital contributions, reflecting the 60/40 split

8. Partnership Property: Treatment and ownership of partnership assets and intellectual property

9. Profit and Loss Sharing: 60/40 profit and loss distribution mechanism and timing

10. Banking and Financial Records: Banking arrangements and requirements for financial record-keeping

11. Management and Control: Decision-making processes and voting rights (aligned with 60/40 ownership)

12. Partners' Duties and Obligations: Responsibilities, commitments, and expectations of each partner

13. Restrictions on Partners: Non-compete, confidentiality, and other restrictive covenants

14. Meeting and Reporting Requirements: Frequency and procedures for partner meetings and financial reporting

15. Admission of New Partners: Process and requirements for admitting additional partners

16. Exit Provisions: Procedures for partner withdrawal, retirement, or death

17. Termination: Circumstances and procedures for partnership termination

18. Dispute Resolution: Process for resolving disputes between partners

19. General Provisions: Standard legal clauses including notices, amendments, and governing law