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amit (Legal Counsel)     16 January 2009

Registrion of law firm

what are the charges for registration of law firm in mumbai???

and the procedure for that...



Learning

 5 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     17 January 2009

DEAR AMIT,


As per me following is the answer for your querry.  If any further doubt please confirm the same from the office of Your State's Registrar of Firm.


For Registration of LAW FIRM, you will need to file the following:


1.    Covering letter with a Rs. 5 court fees stamp

2.  Form A. It must be properly filled and Notaries.

3.  Blank Stamp Paper of Rs. 20/-  for an extract.

4.  Copy of Memorandum of Firm/Partnership Deed.

5. Certified Marathi Translation of the Memorandum of Firm/Partnership Deed.

REGISTRATION

It is not compulsory to Register the firm. However there are serious effects of non-Registration.

No suit to enforce a right arising from a contract or conferred by the Indian Partnership Act shall be instituted in any court by or on behalf of any person suing as partner in a firm against the firm or any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm, unless the firm is registered and the person suing is or has been shown on the Register of firms as a partner in the firm.

Similarly, no suit to enforce a right rising from a contract shall be instituted in any court by or on behlf of a firm against any third party unless the firm is registered.

PROCEDURE FOR REGISTRATION

The registration of a firm may be effected at any time by sending by post or delivering to the Registrar of Firms of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, stating :


  1. The firm name;

  2. Te place or principal place of business of the firm;

  3. The names of any other places where the firm carries on business;

  4. Te date when each partner joined the firm;

  5. The names in full and permanent addresses of the partners; and

  6. The duration of the firm.


The statement shall be signed by all the partners or by their agents specially authorised in this behalf. Each person signing the statement shall also verify in the manner prescribed.

A firm name shall not contain any of the following words viz. "Crown", ‘Emperor", "Empress", "Empire", "Imperial", "King", "Queen", "Royal", or words expressing or implying the sanction, approval or patronage of Government, except when the State Government signifies its consent to the use of such words as part of the firm name by order in writing.

All the States have framed rules prescribing the forms, fee for registration and verification of the statement. The application for registration has to be made to the Registrar of Firms in the prescribed form.

When the Registrar is satisfied that the provisions have been complied with, he shall record and entry of the statement in a register called the Register of Firms and shall file the statement. The Registrar is the competent authority and if he acts bona fide and follows the procedure, his satisfaction cannot be challenged.

CHECKLIST FOR DRAFTING A PARTNERSHIP DEED

A Memorandum of Firm/Partnership Deed should contain the following clauses

1.           Name of the parties.

2.           Nature of business.

3.           Duration of partnership.

4.           Name of the firm.

5.           Capital.

6.           Share of partners in profits and losses.

7.           Banking, Account firm.

8.           Books of account.

9.           Powers of partners.

10.      Retirement and expulsion of partners.

11.      Death of partner.

12.      Dissolution of firm.

13.      Settlement of disputes

 

 


 

amit (Legal Counsel)     17 January 2009

Thank you sir ji.....

Abhishek (law student)     24 January 2009

gud work by Mr Ahmed.....thnx sir...

Bindu (Junior Lawyer)     28 June 2009

Ahmed Sir,

Even i an advocate from mumbai, i want to know whether it is required to register a proprietor law firm

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     28 June 2009

No registration is required for a sole proprietorship. You simply have to open a bank account with the name & style you want to work. But if you are liable for state VAT or service tax registration, then you have to obtain VAT and/or service tax registration. Further, for sole proprietorship, no separate income taxPAN is required. The PAN of the proprietor will be the PAN of the firm and proprietor will have to file income tax return in his personal name. 


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