Partnership firm
Students
(Querist) 08 July 2013
This query is : Resolved
Is there a need for name availability procedure to be followed for a Partnership firm before forming a partnership deed between partners amd on a stamp paper.
If Yes then what is the procedure to be followed for name availability in Mumbai.
Advocate M.Bhadra
(Expert) 08 July 2013
Information source www.business.gov.in
Procedure for Registration of a Partnership Firm
The law relating to a partnership firm is contained in the Indian Partnership Act, 1932.
Under Section 58 of the Act, a firm may be registered at any time ( not merely at the time of its formation but subsequently also ) by filing an application with the Registrar of Firms of the area in which any place of business of the firm is situated or proposed to be situated.
Application shall contain:-
name of the firm
place or principal place of business
names of any other places where the firm carries on business.
date on which each partner joined the firm
name in full and permanent address of partners.
duration of the firm
Application shall be signed and verified by all the partners or their duly authorized agents.
Application shall be accompanied by prescribed fee as well as the following documents:
Prescribed Registration Form for Incorporation of a Company. (Form No. 1 and Specimen of Affidavit)
certified true copy of the Partnership deed entered into.
ownership proof of the principal place of business
Name of the firm should not contain any words which may express or imply the approval or patronage of the government except where the government has given its written consent for the use of such words as part of the firms name.
Under Section 59 of the Act, when the Registrar of Firms is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.
For partnership firms also, it is not necessary to register with the Govt. in most states of the country. It is almost compulsory in Maharashtra. Please check the laws in your state to confirm.
R.K Nanda
(Expert) 08 July 2013
nothing to add.
Students
(Querist) 08 July 2013
Thank You So Much Advocate M.Bhadra.