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Partner Declaration Form for Australia

Partner Declaration Form Template for Australia

A comprehensive legal document used in Australian partnerships that captures essential declarations, personal information, and commitments from an individual partner. This form serves as a formal record of a partner's details, responsibilities, and obligations under Australian partnership law, tax legislation, and other relevant regulations. It includes declarations regarding financial interests, tax status, professional qualifications, and compliance with various statutory requirements. The document is designed to meet the legal requirements of all Australian jurisdictions while being particularly mindful of the Partnership Acts of individual states and territories.

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What is a Partner Declaration Form?

The Partner Declaration Form is a crucial document used in Australian business partnerships to establish and maintain clear records of partner information and commitments. It is typically required when a new partner joins an existing partnership, during annual partnership reviews, or when significant changes occur in partner circumstances. The form includes comprehensive declarations covering personal details, financial interests, tax obligations, and regulatory compliance, ensuring alignment with Australian partnership legislation, tax laws, and anti-money laundering regulations. It serves as both a legal record and a due diligence tool, helping partnerships maintain proper governance and regulatory compliance. The document is particularly important for demonstrating compliance with various Australian regulatory requirements and can be used as evidence in legal proceedings or regulatory investigations.

What sections should be included in a Partner Declaration Form?

1. Partner Details: Personal information including full legal name, date of birth, residential address, contact details, and tax file number

2. Partnership Information: Details of the partnership including business name, ABN, principal place of business, and nature of business activities

3. Financial Interest Declaration: Declaration of partner's ownership percentage, capital contribution, and profit-sharing arrangement

4. Tax Declarations: Declarations regarding tax residency, GST registration, and tax compliance status

5. Statutory Declarations: Mandatory declarations regarding eligibility to be a partner, including bankruptcy status and criminal history

6. Partner Obligations: Acknowledgment of duties and responsibilities as a partner

7. Privacy Statement: Statement regarding the collection, use, and disclosure of personal information

8. Execution: Signature section with witness requirements and date of execution

What sections are optional to include in a Partner Declaration Form?

1. Foreign Investment Declaration: Required for partners who are foreign persons under FIRB regulations

2. Professional Qualifications: Required for professional partnerships (e.g., legal, medical, accounting) to confirm necessary qualifications

3. Related Party Disclosures: Required when partner has other business interests or related party transactions

4. Succession Planning: Optional section for nominating successors or providing instructions in case of death or incapacity

5. Special Conditions: Any specific conditions or arrangements unique to the particular partner

What schedules should be included in a Partner Declaration Form?

1. Schedule 1 - Identity Verification Documents: List of acceptable identification documents and copies of provided documents

2. Schedule 2 - Financial Details: Detailed breakdown of capital contributions, drawings, and profit-sharing arrangements

3. Schedule 3 - Partnership Assets: Schedule of assets brought into the partnership by the partner

4. Appendix A - Declaration Checklist: Checklist ensuring all required declarations and documents have been completed

5. Appendix B - Consent Forms: Various consent forms for credit checks, background verification, etc.

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Cost

Free to use
Relevant legal definitions








































Clauses

























Relevant Industries

Professional Services

Legal Services

Accounting and Financial Services

Medical Practices

Architecture and Design

Construction and Engineering

Retail and Hospitality

Agricultural Business

Real Estate

Information Technology

Management Consulting

Creative and Media Agencies

Relevant Teams

Legal

Compliance

Finance

Tax

Risk Management

Corporate Governance

Human Resources

Administration

Professional Standards

Business Development

Partnership Management

Relevant Roles

Managing Partner

Senior Partner

Partnership Director

Legal Counsel

Compliance Officer

Company Secretary

Chief Financial Officer

Tax Manager

Risk Manager

Partnership Administrator

Business Development Manager

Professional Standards Manager

Governance Officer

Human Resources Director

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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