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Rama mohan Acharya (Manager HR(Legal))     25 May 2010

PARTNERSHIP FIRM

A contractor was a propritory firm registered under Commercial dept. During the pendency of the contract the propriter along with 2 others entered into a partnership deed. The deed is only notorised. It did not registered with the registrar of firm. After few days, another deed was made for retiring the original thereby leaving only two partners. The Partners authorised x( who is a partner but not the original propriter) for signing all documents.
The querry is Is it not necessary to register the deed with the registar of firms? Can the partnership firm get the benefit of the experience of the propritory firm for the purpose of getting tender(as the the new firm do not fulfil the experience condition of the NIT)?



Learning

 2 Replies

VIJAY K. TEOTIA (ADVOCATE)     25 May 2010

it is not necessary to get partnership firm registered. but the benefits available under the partnership act for a registered firm will not be available. in present case you are dealing with a registered proprietorship ship. therefore subsequent relationship by the proprietor of a registered firm does not affect your legal relation with registered firm. further unregistered entity will always have inferior legal sanctity.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 May 2010

If not registered under the partnership act you can not file any legal case before any court of law while others can file cases against all the partners.

Get the firm registered and put one of the item in the deed that it is taking over the existing buisness and this strengh you can get existing benefits.

If you buisnes if big concider registration as recently passed provisions of LLP , this is expansive but works like to Limited co and you do not have to every time change the partnership. Any body can join or depart transfering the shares.

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