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ashwin gaikwad (software analyist)     24 March 2011

Is the Partnership firm Registered?

I enterd into partnership deed with two other persons. We applied at the Registrar of Firms, Delhi in 1988. We sent the attested copy of partnership deed attached with Form no.1.

We did not follow up  and have not recieved any intimation from the office of Registrar.It has been twenty years since then.

I'd like to know:

1) Is the firm registered just by applying and sending necessary documents?

2) What are the effects of unregistered partnership deed?



Learning

 4 Replies

sanjay kumar (BE/ LLM in Corporate Laws)     25 March 2011

You have to check with the Registrar's office that whethe your firm has been registered. If not a single communication has been received from them so far, your firm is not registered yet,I feel.

Regarding unregistered partnership, well, entire risk is yours. Law will not come to rescue if one of the partners breaks the covenants of the partnership deed.

Regsitration of a firm is like Birth-certificate. If you dont posess birth-certificate, you will still live and make a living but many times you will face problems.

Similarly, an unregistered firm will face problems in many areas like government tenders etc.

ashwin gaikwad (software analyist)     26 March 2011

Thanks Mr. Sanjay,

 

kindly note that no intmation was recieved thereafter...

kindly advise if a registered partnership firm is reconstituted due to expulsion of a partner and deed of dissolution done. Then if a fresh partnership deed is written wherein it is decided to carry on the firm......does the firm requires fresh registration?

Also what are the disadvantages of an Unregistered Partnership Deed/Agreement?

What is the validity of a xerox/photocopy of any agreement in court of law?

ashwin gaikwad (software analyist)     27 March 2011

???????????

Atul D Suryavanshi (Attorney - JC Law Firm)     31 October 2011

Dear Ashwin Gaikwad,

there are n-number of Disadvantages in unregisterd Firm.

 

I'll suggest you to get incorporated under LLP Act. and form LLP (i.e. Limited Liability Partnership). . It very much cost effective, easy, Time saving and most improtantly TAX SAVING.

 

 

LLP is works under the Ministry of Corporate Affairs (MCA) as the companies works and its status is quivalent to Pvt. Ltd. Co. 

 

For more information, clarification and incorporation, we would like to assist you.


Regards,

 

Atul Suryavanshi

  IPR-Attorney

  JC Law Firm

Email: atul@justacausa.in

Mobile - 09923552956


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