partnership firm
Rama mohan Acharya
(Querist) 25 May 2010
This query is : Resolved
A contractor was a propritory firm registered under Commercial dept. During the pendency of the contract the propriter along with 2 others entered into a partnership deed. The deed is only notorised. It did not registered with the registrar of firm. After few days, another deed was made for retiring the original thereby leaving only two partners. The Partners authorised x( who is a partner but not the original propriter) for signing all documents.
The querry is Is it not necessary to register the deed with the registar of firms? Can the partnership firm get the benefit of the experience of the propritory firm for the purpose of getting tender(as the the new firm do not fulfil the experience condition of the NIT)?
adv. rajeev ( rajoo )
(Expert) 25 May 2010
Registration of parthnership deed is necessary with the Registrar of Firms to avoid the future disputes.
Guest
(Expert) 25 May 2010
Once a firm is registered, all subsequent deeds and change of status of members are also required to be registered. In the given case it is presumed that the partners (current) have colluded and excluded the original contractor with a view to gain the contract from NIT. If the original contractor sends the legal notice intimating his removal from the partnership, the contract with NIT may come to an end.
Manish Singh
(Expert) 25 May 2010
since it ws the contract between the first person(proprietor) and the third party, the same can not be transferred to the partnership firm without the consent of the third pary..a new agreement or some assignment agreement must be executed
