The five most important things to pay attention to when reviewing or drafting a partnership agreement: First: Type of Partnership: * Is the partnership civil or statutory? A statutory company has specific procedures, an incorporation contract, and financial statements, like a joint-stock company or a limited liability company, and falls under the Companies Law. * As for a jurisprudential or civil partnership, a partnership agreement is sufficient. It has types like a "Mudarabah" partnership, where one party provides capital and the other provides work, or an "Inan" partnership, where all parties contribute a share to the capital. This type of partnership falls under the Civil Transactions Law, which is what I will be discussing. * Therefore, determining the type of partnership is important. In case of a dispute over partnership losses, if the partnership is a "Mudarabah" for example, the proof of fault lies with the capital provider regarding the "Mudarab" (the one managing the business) and the reason for the partnership's loss. If the type of partnership is not specified, the judge is responsible for determining it based on evidence and facts. Note: I must emphasize the necessity of writing a partnership agreement as stipulated by the Civil Transactions Law. Otherwise, the partnership will be considered void, and partners will not be entitled to claim profits in case of a dispute if the agreement is not written. Second: The Parties to the Agreement or Partners: * Their eligibility must be verified. Is the partner insolvent, a minor, or under guardianship? All these are grounds for invalidating a partnership agreement. * Know the partner's financial situation. Can they bear financial losses or compensate for them? * Define each partner's responsibilities if the partnership is to be managed by the partners themselves or if a manager is appointed. This is to identify who is at fault in case of partnership losses. * Include a clause on the mechanism for providing partners with reports on the company's status and specify a communication channel (program or email) to document any partner's objection to a decision made by the manager. Third: Contract Duration: * Knowing the contract duration is important. Is it for a fixed term or indefinite? If the contract has a fixed term, no partner can withdraw without the consent of the other partners. If their withdrawal causes harm, they must compensate for it. Conversely, if the contract is indefinite, they can offer their share for sale, to be bought by a partner or an external party. This is called "exit." Therefore, attention must be paid to the exit mechanism clause. Fourth: Profit Distribution: * Profit distribution is a cornerstone of a partnership agreement; without it, the partnership is void. Profit distribution must be based on a known, non-ambiguous percentage and not a fixed monthly amount (e.g., 10,000 per month). * Verify the profit distribution mechanism. Is it based on your share of the capital or on the work performed? * Will profits be distributed periodically or at the end of the contract? Fifth: Partners' Shares: * The share contributed by partners must be in cash and of a known value. If it's in non-cash assets like livestock or work, its value must be estimated in monetary terms, and then the partner's percentage will be determined based on the value of their estimated cash share. * It is necessary to include a clause for cases where there is a defect in the partners' shares if they are assets. This clause should specify a period during which, if a defect is found, the share can be returned and replaced with another share. I welcome your inquiries and consultations via WhatsApp.