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SAGAR   16 February 2024

Partnership firm registration rejected due to date of pan mismatch with partnership deed

We have a partnership firm comprising of 3 partners.

The PAN card of the firm, shows the actual earlier date of incorporation, when partnership deed was created with these 3 partners.

Now one of the partner had passed away (5 yrs ago) and thus the firm consist of 2 partners.

Now when we proceeded to register a new partnership deed (as required by financial institution in West Bengal), upon applying online, the application was rejected since the date of incorporation of the firm as per PAN card was much earlier than the date mentioned in the latest partnership deed (2 partners).

Kindly advice what should be done to rectify the error to register the partnership deed?

Can we only update the date of incorporation in the PAN card and then re-apply for partnership registration? Or do we need to apply for new PAN card for the firm?

Or anything else? If you can guide me with the steps.

Thank you.


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 February 2024

Do the amendment to the partnership deed, as one of the partner died, you have to execute a Reconstitution of Partnership Deed with form. V and file before the Registrar of Firms and then proceed to get a new Pan.

T. Kalaiselvan, Advocate (Advocate)     16 February 2024

Yes you can reconstitute the partnership firm,  obtain approval from ROC for reconstitution and get a supplementary partnership deed on the basis of reconstitution and get it registered. 

Dr. J C Vashista (Advocate )     17 February 2024

What are the conditions prescribed / mentioned therein the partnership deed qua retirement or death of either of the partner ?

Get the PAN Card updated before proceeding.

It is better to consult a local prudent lawyer with relevant records for proper analyses, professional advise and necessary proceeding.

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