Partnership firm registration
kavksatyanarayana
(Querist) 09 November 2014
This query is : Resolved
Dear experts namaskarams.
A firm with three (3) partners was registered in the year 1978 in the office of the Sub Registrar. But it was not registered under partnership Act. Now one partner is expressed to do withdraw from the firm with his capital and the other two partners are intended to continue the firm with the same name and under same conditions with present assets & liabilities. Now can the firm be registered under Partnership Act and how it will be registered?
Advocate Kappil Cchandna
(Expert) 09 November 2014
Yes it can be registered, with alteration in the constitutioncof the firm and give the notice of the swans to the sub register as well.
Adv kapil chandna, 9899011450
Anirudh
(Expert) 09 November 2014
Partnership Deed is not required to be registered with the Sub-registrar's office.
Rather, the partnership Deed is required to be registered with the Registrar of Firms. Normally, one of the Sub-Divisional Magistrates is designated as the Registrar of Firms. Please check up in your area and get the job done. The registration charges are very minimal. You have to submit the Notorised Copy of the duly executed partnership Deed (along with the Original, which will be returned to you after checking and verification); the ownership proof of the place of business; in case it is a rented/leased premises, then the copy of the rent/lease agreement; the no objection from the landlord for running the partnership from the rented/leased premises; and some other document as may be required by the Registrar of Firms. The Registration of Firm will after verifying the correctness of the requirements, will be intimated to you within one week. They will issue the Certificate of Registration in Annexure-I, which you have to preserve and keep it. In case of any change in the constitution (i.e. change in the number of partners either by addition or by deletion etc., or change in the place of business, or change in the share of the partners etc.,) the same have to be properly intimated and updated. Failure to do so will create problem.
Rajendra K Goyal
(Expert) 10 November 2014
They can get new partnership registered with the registrar of firms after preparing deed of dissolution from previous partners.
ajay sethi
(Expert) 10 November 2014
agree with Mr Anirudh
Dr J C Vashista
(Expert) 10 November 2014
Earlier so called partnership is non-est. Get it registered afresh as advised by the expert Mr. Anirudh.
The name of the company should not be same which is already registered with Registrar of Firms and Societies.
You are to get Memorendum of Association and Articles of Association drafted for which it would be advisable to contact and engage a local CA/Lawyer.
malipeddi jaggarao
(Expert) 14 November 2014
"A firm with three (3) partners was registered in the year 1978 in the office of the Sub Registrar."
If not registered under Partnership Act, under which act it was registered?
The Office of Registrar of Partnership Firms is part of sub-registrar's office in many places. If in your place presently it is separate it does not mean that the deed is not registered under partnership act.
However, now prepare a deed of retirement (of one partner) and submit the this deed along with the original deed to the Registrar of firms with address proof, photo identity of the partners and also address proof of firm, if in owned premises, submit that proof, if in rented premises, submit the lease deed. Nominal fee will be charged. The Registrar of firms of your area will guide you properly for any paper work.
T. Kalaiselvan, Advocate
(Expert) 14 November 2014
Well advised by experts, I agree with their views, nothing more to add.
