Partnership firm – Registration
Partnerships are a form of business association between two or more persons who join to carry on a trade or business. Each person contributes money, property, labour or skill and expects to share in the profits and losses of the business.
Partnership is a form of business organization, where two or more persons join together for jointly carrying on some business. It is an improvement over the āSole-trade businessā, where one single individual with his own resources, skill and effort carries on his own business. Due to the limitation of resources of only a single person being involved in the sole-trade business, a larger business requiring more investments and resources than available to a sole-trader, cannot be thought of in such a form of business organization. In partnership, on the other hand, a number of persons could pool their resources and efforts and could start a much larger business, than could be afforded by any of these partners individually. In case of loss the burden gets divided amongst various partners in a Partnership
As per Section 4 of The Indian Partnership Act, 1932 āPartnershipā is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all Persons who have entered into partnership with one another are called individually, āpartnersā and collectively āa firmā and the name under which their business is carried on is called the āfirm-nameā.
Registration of Partnership Firm
As per the Partnership Act 1932, it is not compulsory to register a partnership firm. The firm does not have a separate legal identity and registration will not alter this fact. However, registration is the definite proof of the existence of the firm and its legality. Non-registration of a firm has some real-life legal consequences for the partners and the firm itself. So it is always advisable to draw up a written partnership deed and register the firm with the Registrar of Firms. The consequences of not doing so are as follows:
- Ā The firm cannot file legal proceedings against any third party for any situation. For example, if the client has not paid his dues to the firm, the firm cannot sue him if it is unregistered.Ā
- Ā An unregistered firm cannot fail a case against a partner for any reason (like mismanagement, theft etc.)Ā
- Ā A partner of an unregistered firm cannot file a suit against one of the other partners either
Procedure of Registration
Ā According to the India Partnership Act 1932, there is no time limit as such for the registration of a firm. The firm can be registered on the date when it is incorporated or any such date after so. The requisite fees and fines must be paid. The procedure for such a registration is as follows :
- Application to the Registrar of Firms in the prescribed form (Form A). Nowadays this facility is even available online. Such an application must contain certain basic details about the firm such as :
- Ā l Name of the Partnership Firm
- Ā Name and address of all partnersĀ
- Place of business (address of main and branch offices)Ā Ā
- Duration of the partnershipĀ
- Ā Date of joining of partnersĀ
- Date of commencement of business
- Ā The duly signed copy of the Partnership Deed (which contains all the terms and conditions) must be filled with the registrarĀ
- Ā Deposit/pay the necessary fees and stamp dutiesĀ
- Once the registrar approves the application, the firm will be entered into the records. And the registrar will also issue a certificate of incorporation
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