Registration of partnership firms
Anamika
(Querist) 02 April 2012
This query is : Resolved
Hi,
We have a case whereby a partnership firm in Maharashtra has applied for the registration in the year 2006 and have got the certificate of registration in 2009. We have filed the case in the year 2009 ( before getting the certificate)
1. Is there a way to prove that since we have applied for registration in 2006, we have a right to sue ?????
2. Can registration be held valid only on the receipt of the certificate and not on its application ?????
3. What is the practical procedure of registration of firms ?????
Please reply asap.
Regards,
Anamika.
V R SHROFF
(Expert) 02 April 2012
YES, YOU CAN FILE SUIT, AS PENDING ONLY REGN , ALREADY APPLIED.
Nadeem Qureshi
(Expert) 02 April 2012
Dear Anamika
the partnership firm was not exist whenever the sub-registrar office not issue the certificate.
1. no you have no right to file a case on behalf of un-registered firm.
2.yes, after receipt of the certificate or issue date of the certificate not only by apply.
3. the procedure is very simple, in UP or Delhi the documents required are:
1) ID and address proof of the parties.
2) Partnership Deed If registered it is better if not then notaries.
3) Address proof of the office(if rented then NOC of the landlord.
4) Form No. 1 is two copies (original signed by all the partners)
5) One Affidavit of the First Partner with Photo and notarize.
6) Rs. 500/- Fee for Registration
after aaplying with all the documents the sub-registrar officer issue the certificate if they have no objection to issue the certificate, if they have some objection, they send a written objection to the firm address or communication address within 15 days of the application.
feel free to call
Adv.R.P.Chugh
(Expert) 02 April 2012
Though there are conflicting decisions on this point however according to the better Juristic opinion - Subsequent registration does not cure the defect, as an unregistered partnership cannot sue. I am afraid you'll have to withdraw your suit (with liberty to file another one) and file it again alongwith the registration certificate (within limitation).
A V Vishal
(Expert) 02 April 2012
Anamika, can you please explain reasons for the delay in getting the certificate after 3 years of applying
Shonee Kapoor
(Expert) 03 April 2012
I agree with Bharat on this.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
