Forming law firm
Sweety
(Querist) 14 January 2013
This query is : Resolved
i have individual practice since more than 5 years. i want to form a law firm now as it might give me more returns and recognition in the industry.
pl advice on forming a sole proprietorship firm.
ajay sethi
(Expert) 14 January 2013
you have register your firm with bar council of your state
Yudhish Padman S
(Expert) 14 January 2013
Dear Sweety,
I assume that you are an Advocate with 5+ years of experience in practise. The case being so and if you are still unaware as to how to form a sole proprietorship firm, I do not mean to sound rude, but I strongly suggest that you don't start one for the time being and continue your internship under your Senior Lawyer, if any, or find one and join his office as a Junior Advocate. Having said that, kindly see my comment hereunder for the procedure.
Regards,
S. Yudhish Padman,
Advocate, Madras High Court.
[+91 9566217446]
Raj Kumar Makkad
(Expert) 15 January 2013
*Yudhish! We should not reply in such cruel words at least to our own brothers on site. LLP can be got registered.
Anirudh
(Expert) 15 January 2013
Dear Experts,
I am afraid we are answering the question without understanding its import.
For my sake, can any one of you please explain as to what is "sole proprietorship firm"? and which law requires registration for the same?
The querist is not asking about neither LLP. nor a partnership firm.
I am equally afraid, in this matter, the experts are as much confused as the querist!
Yudhish Padman S
(Expert) 15 January 2013
Dear Sweety,
I meant to be practical. But I believe it sounded rude. I would like to thank Mr. Raj Kumar Makkad for bringing the same to my notice. Apologies. Anyways, it seems that you had asked assistance to start a sole proprietorship firm. It is not mandatory to register your sole proprietorship firm. Registration is required only if you want to obtain in the name of your firm, TIN Number, TAN Number, PAN Number, Bank Account, etc. I supposedly believe that you would be using this firm's name in your letter head and visiting cards only for the time being. The case being so, it is sufficient that you put the firm's name board in your front office. Payment of Professional Tax with your Local Authorities alone would suffice. Intimation to Bar Council is not necessary unless you start a partnership firm.
Every Advocate Office is a Sole Proprietorship Firm. Have a prosperous Year.
Regards,
S. Yudhish Padman,
Advocate, Madras High Court.
[+91 9566217446]
Guest
(Expert) 15 January 2013
Probably, Ms. Sweety is still observing her sweet silence and is not coming forward, which type of firm she wants to establish leaving the experts to guess for themselves.
Anirudh
(Expert) 15 January 2013
Dear Mr. Yudhish,
Can you, for my sake, indicate as to under what provision, intimation to bar council is required to be made by a partnership firm.
Yudhish Padman S
(Expert) 15 January 2013
Dear Anirudh,
Advocates are governed by the Advocates Act and Rules framed by the Bar Council of India. Rules framed by the State Bar Council also play a significant Role. As far as Tamil Nadu is concerned, we are not required to intimate the Bar Council. But as a matter of custom, we give our State Bar Council a formal letter intimating our intention/commencement and get the same acknowledged within 90 days.
I advise that you do the same. I believe that there are no mandatory provisions in your State as well. But once you intimate, you could relax since in the event of any such requirements, the Bar Council itself would contact you so as to enable you comply with the statutory requirements.
Regards,
S. Yudhish Padman,
Advocate, Madras High Court.
[+91 9566217446]
Anirudh
(Expert) 15 January 2013
Thanks.
That's what my understanding of the Act and the Rules are concerned that there is no mandatory requirement from the BCI.
Any way, if somebody is doing as a matter of custom (though not required under a statute) that is a different matter altogether.
I was only wondering whether I had missed out any mandatory requirement. It transpires that I had not.
