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HOW TO REGISTER A PARTNERSHIP FIRM

HOW TO REGISTER A PARTNERSHIP FIRM

Registration of a Partnership firm is not compulsory, though usually done as registration brings many advantages to the firm. Since ‘partnership contract’ is a ‘Concurrent Subject’ as per Constitution of India, registration of firms and related work is handled by State Government in each State. Section 71 authorises State Government to make rules for prescribing fees for filing documents with registrar  prescribing forms of various statements and intimations are to be made to registrar and regulating procedures in the office of Registrar.

Partner cannot sue if firm is unregistered - No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or an{ person alleged to be or to`have been a Ápartner in the fir} unless the firm is registered and the person suing!is or has been shown iø the Register of Firms as a partner in the firm.$ [section 69(1)]. Thus, a partner cannot sue the firm or any otheÄ ” partner if firm is unregistered. If third party files suit against a partner, he cannot claim of set off or institute other proceeding to enforce a right arising from a contract. Suit or claim or set off upto Rs 100 can be made as per section 69(4)(b), but it is negligible in today’s standards. Criminal proceedings can be filed, but civil suit is not permissible.

Unregistered Firm cannot sue third party - No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm. [section 69(2)]. If third party files suit against the unregistered firm, the firm cannot claim set off or institute other proceeding to enforce a right arising from a contract. - - Suit or claim or set off upto Rs 100 can be made as per section 69(4)(b), but it is negligible in today’s standards. Criminal proceedings can be filed, but civil suit is not permissible.

REGISTRATION PROCESS

For Registering a partnership firm an application in Form 1 is required to be filed along with certain documents. The followings are the requirements:

1.     Minimum 2 Persons –Name , Address , Occupation, Age, Father’s Name

2.     Address Proof- Ration Card / Voter I.D / Driving license

3.     Partnership Deed on Rs. 200/- stamp paper

4.     Registered/Power of Attorney of the premises where Firm is to be Registered.

5.     If rented, Rent deed, Rent Receipt

6.     NOC from Landlord

7.     Electricity Bill / House tax Receipt / Water Bill photocopy

8.     Signatures on Partnership Firm Registration FORM-1

OTHER REQUIRMENTS OF A PARTNERSHIP FIRM:

1.     PAN Card and Income Tax Return

2.     Auditing -P&L and Balance Sheet and auditing if covered under Income Tax.

3.     TDS Registration, Monthly deposit, TDS Returns Quarterly, Assessment and   other           correspondence with the department, Issue of TDS certificates.

4.     Sales Tax Registration under VAT and CST, Tax deposit, Quarterly Returns, Assessment and other correspondence with the department.

5.     Service Tax Registration, Tax deposit Monthly, Half Yearly Returns,    Assessment and   other correspondence with the department.

6.     Excise Registration, Tax deposit, Returns, Assessment and other correspondence with the department.

7.     Import Export Code No, Amendment and other correspondence with the  department.

8.     Books of Account - Supervision or Maintenance - Computersed with Voucher system, Ledger, Accounts, Trial Balance, Provisional B/S and Bank  Reconciliation Statement monthly

9.     MoU, Affidavit, Deed, Settlement, Franchising, Power of Attorney, Company Forms and Documents, Bonds, Loan Documents, Notices, Bank Guarantee, Advertisements and any other agreement- on demand.

10. Registration under PF, ESI., SSI., ISO.-9002, ISI., SEBI, Factories Act, Gratuity     Act,   Pollution, Water, Electricity, Society, Trust, Entertainment

11. Insurance & Investment of Funds in Mutual Funds, PPF, FD, Shares, Govt. Bonds, MIS, Post office Savings, NSC etc

Comments
 sarath July 14, 2010
I want to know what is the registration process for the PF
 Umesh Rathod December 14, 2010
I am not agreed with this procedure. Only the required docs are, Name of the firm, business of firm, address proof of business, partner's id, residence proof, partnership deed, rent agreement (if any), Partnership Form-A to be filled and signed by Chartered Accountant, Rs. 100 stamp paper, True copy on each zerox copy, Rs. 500 registration fees, and Rs. 60 filling fees.
 Altaf Ahmed Piracha March 13, 2012
I found the notes very informative and excellent.
nitesh patel July 9, 2012
nice
SUBRATA KUMAR MONDAL July 10, 2012
I want to know what is the registration process for the PF
Anil Nandarshi November 1, 2012
An URD firm of 5 year old desires to go for Registration. Pl.let me know details & procedure.
Arvind Chaugule December 2, 2012
this procedure work wrong. Pls. contact 9224244461 (Arvind Chaugule)
Arvind Chaugule December 2, 2012
Mobile No.9224274461
A NAGESWARA RAO March 14, 2013
PARTNERSHIP FIRM REGISTRATION REQUIREMENT DETAILS
SYEDSARDARBASHA April 27, 2013
DEAR SIR PLESE FIRM REGITRATION REQUIREMENT DETAILS PLESE
Sagar kanade August 3, 2013
Dear sir please give me full details of partnership firm registration.
KARNAVATI ENTERPRISE January 8, 2014
PARTNERSHIP FIRM REGISTRATION REQUIREMENT DETAILS of running firm
KARNAVATI ENTERPRISE January 8, 2014
PARTNERSHIP FIRM REGISTRATION REQUIREMENT DETAILS of running firm
KARNAVATI ENTERPRISE January 8, 2014
PARTNERSHIP FIRM REGISTRATION REQUIREMENT DETAILS of running firm
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