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lovababu (finance manager)     14 October 2009

partnership registration

Dear members and friends

One of my client wants to start a partnership firm. He wants to clarify the following queries......

1. How much registration fee is required (minimum)

2. what r the neccessary documents to be provided along with deed

3. Value of the stap paper in which deed is to be prepared.

4. and how to proceed with all the required documents

 

pls clarify the queries so that i can help my client.

 

Thanks in Advance

Lovababu .A



Learning

 10 Replies

Satyaprakash Sharma (Advocate & Legal Consultant)     14 October 2009

Dear Mr.Lovababu,

Each state has its own law as to procedure. Also most states have their local stamp Act governing value to be affixed on the instruments.

Therefore, before I could provide any information/advice, please provide detail regarding place where registered office of the Firm to situate, Amount of capital to be introduced by the partners etc.

lovababu (finance manager)     15 October 2009

Dear Mr Satya prakash!

Thanks for reply.

The place of registration is Visakhapatnam and the amount of capital initially is Rs. 100000.

Now pls advice me in this regard as my queries are as above

Thanks in advavce

lovababu a

 

 

 

A V Vishal (Advocate)     15 October 2009

DEAR LOVABABU

IN AP THE AMOUNT OF STAMP DUTY FOR ENTERING INTO PARTNERSHIP IS RS.500, ADDITIONALLY YOU HAVE TO PAY 100 PER EACH PARTNER IN CASE OF REGISTRATION OF FIRM TO THE REGISTRAR OF FIRMS, ADVISE NOT TO MENTION CAPITAL IN THE DEED. APART FROM THIS YOU HAVE TO FILE FORM 1A WITH A COPY OF THE DEED ALONG WITH THE ORIGINAL( ORIGINAL WILL BE RETURNED AFTER REGISTRATION), COPY OF THE RENTAL AGREEMENT OF THE REGISTERED ADDRESS OF THE FIRM, IN CASE OF PROPERTY OWNED BY ANY OF THE PARTNER, THEN AN AFFIDAVIT SUPPORTED BY THE MUNICIPAL RECEIPT, ELECTRICITY BILL OR TELEPHONE BILL, PAN CARD COPY/PASSPORT COPY/ELECTION ID CARD COPY OF ALL THE PARTNERS FOR IDENTIFICATION PUPOSE. VISIT THE SRO IN WHOSE JURISDICTION THE REGISTERED OFFICE IS LOCATED AND SUBMIT THE ABOVE, IN HYDERABAD GENERALLY THE CERTIFICATE OF REGISTRATION IS HANDED OVER THE NEXT DAY OR MAXIMUM IN 2 DAYS.

Satyaprakash Sharma (Advocate & Legal Consultant)     15 October 2009

For more detail please visit: https://igrs.ap.gov.in

As per citizen charter put by the registration department, their stadard for registration of a firm is as follows:

 

Service

Office Responsible

  

 

 

Time  limit for delivery of Service.

SOCIETIES, FIRMS & CHIT FUNDS

Registration of Society/Firm/Chit Bye law

Filing of amendments/changes/

annual list/Balance sheet etc.,

District Registrar/

Chit Registrar

3 working days.


Anil Agrawal (Retired)     16 October 2009

 A partnership firm was registered in 1974. Years later, some partners retired and another deed was drawn but not registered. What is the effect in liability of old and new partners?

Satyaprakash Sharma (Advocate & Legal Consultant)     16 October 2009

Submit with the Registrar, new/amended partnership deed. Penalty may be levied for late filing. Rights and liabilities of partners will be governed by the Partnership Deed and amended and agreed by partners from time to time.

Anil Agrawal (Retired)     16 October 2009

 The question is the legality of the new partnership deed that is not registered. Whether to submit now for registration or not is not the question.

Satyaprakash Sharma (Advocate & Legal Consultant)     17 October 2009

Mere non-registration does not render the the Partnership Deed illegal.


Perhaps your concern is regarding enforciability of rights of new partners against firm and other partners interse in view of Section 69 of Indian Partnership Act. If partnership deed referred by you contains Arbitration clause, which mosts partnership deed do contain, you need not worry.


If you have specific apprehension/querry please provide detail.

Chetan M Sheth (Partner)     26 March 2012

good morning Sir,

even I have a query !!

I have a partnership firm registered in 1962 with 3 partners having Place 1 as registered office..

Due to retirement of one of the partner in 1972,I had to revise the partnership deed & hence there were only 2 partners in the deed..& quoted Place 1 as the registered office..

Due to death of one of the partner in 2007,I admitted myself (Chetan Sheth) as a partner in 2007 and quoted Place 2 as registered office (which I believed to be Office 2 as the registered office)...The ROF officer kept this case in abeyance because of the objection raised for the address & hence the case was kept in abeyance since 2007...therefore deed was not registered...

Again the old partner is retiring & I am admitting my wife as sleeping partner in 2012 therefore this case would again arise as was arised in 2007....

Place 2 is the actual work of place..

Plzzzzzz help me with the procedure...and the loopholes which are arising in it....

What will be the consequence if I do not take any step to change the place of office?? What is the penalty therby ???

Chetan M Sheth (Partner)     26 March 2012

Also suggest from which date penalty would arise ?? or rather is there any penalty since the case was in abeyance from their side ???


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