Reg. date on partnership deed
Chetan
(Querist) 11 November 2013
This query is : Resolved
Dear Professional Colleagues,
Myself & my brother are C.A. & formed a partnership firm one year back. As we both are brothers, we had not done partnership deed. But the firm was legally established on the basis of Firm Registration Letter received from ICAI.
Now, after one year, we desire to do a partnership deed for various professional reasons. So, while doing a partnership deed, which date should I mention on the deed? Whether current date or the date on which firm was registered with ICAI? And how it should be mentioned on the deed?
Kindly guide on the issue.
ajay sethi
(Expert) 11 November 2013
you can mention current date . get it drafted by a lawyer
Chetan
(Querist) 11 November 2013
Current date anyway I can mention. That is not an issue.
Can I mention the date one year back, when the firm was registered with ICAI?
Rajendra K Goyal
(Expert) 11 November 2013
Yes you may mention that the firm was established and now the terms are put in writing.
prabhakar singh
(Expert) 13 November 2013
A deed involving payment of stamp duty can not be antedated.
The solution lies to draft recitals in the deed that terms were orally agreed and firm was accordingly incorporated and commenced business since the date it was registered with ICAI and partners have here now decided
to incorporate those orally agreed terms in writing.
Chetan
(Querist) 13 November 2013
Thank you all for your valuable inputs. Thanks a lot.
Advocate Bhartesh goyal
(Expert) 13 November 2013
