Partnership Firm the name of the entity itself suggests the meaning of this type of firm. Under this two or more partners togethers works as an entity. These firms have been registered under the Partnership Act of 1932. They are having both the advantages as well as disadvantages. They are suitable for all types of businesses. Such entities need to be registered with the local registrar. Which registrar one should approach is a question mostly people are confused with. One needs to approach that registrar under whose jurisdiction one’s business falls. For the registration one needs to follow the procedure of partnership firm registration properly. Any glitch in the procedure of partnership firm registration is not allowed as it may cause unnecessary delay. Hence one must be aware about this procedure in order to register their partnership firm. For the better understanding of the same you may refer to this blog till its last line.
What is a Partnership Firm?
The Partnership Act of 1932’s Section 4 addresses partnership firms. This section defines a partnership firm as a group of individuals who combine together to do any kind of legally required business. Partnership firm registration requires two members to be in operation. This company could not be founded without two members. Establishing a partnership firm is not too difficult. There is nothing complicated about incorporating partnership firms. One could get in touch with an expert to help draft a partnership agreement. After finished, the agreement can be filed with the registrar, under whose authority your business is included. Although it is not necessary, registering your partnership firm is always advised.
Important Points Regarding Partnership Firm Registration
Some of the key points of the of a partnership Firm are mentioned below:
- These are the accepted methods for carrying out business in a partnership.
- They are governed under the Partnership Act of 1932.
- They have to register with their community’s registrar.
- It requires two partners at the very least.
- They are not endowed with autonomous legal identities and do not enjoy the benefits of corporate entities.
- Since they don’t share human legal personality, their partners can decide when to dissolve them.
- In this case, members’ liability is unlimited.
- They are not in a permanent succession since they are not in constant succession.
- Their legal personality differs from that of humans.
- Their dissection is clear-cut and simple.
Procedure of Partnership Firm Registration
Given below is the proper procedure of partnership firm registration, follow the steps given below in order to register your partnership firm:
- Select a unique and meaningful name for your partnership firm. Avoid names that are already in use.
- Draft a Partnership Deed.
- Include details like the business name, partners’ names, capital contribution, profit-sharing ratio, etc in the partnership deed
- Get the Partnership Deed printed on a stamp paper of the prescribed value, adhering to the Stamp Act regulations of your state.
- Partners must sign the Partnership Deed in the presence of a notary public to make it legally valid.
- Obtain a PAN (Permanent Account Number) for the partnership firm by applying to the Income Tax Department.
- If applicable, apply for a TAN (Tax Deduction and Collection Account Number) for tax-related transactions.
- Open a bank account in the name of the partnership firm. Submit the Partnership Deed, PAN, and other required documents to the bank.
- Submit the application form along with the prescribed fee to the Registrar of Firms in your state.
- Prepare the necessary documents
- The Registrar in whose jurisdiction your business falls, will verify the documents and, if satisfied, enter the details in the Register of Firms.
- A Certificate of Registration will be issued.
- Some states require the partnership details to be published in a local newspaper. Check the specific requirements of your state.
- Depending on the nature of your business, obtain any required licenses and permits from local authorities.
Documents Required for the Registration of Partnership Firm
Some of the key documents required inorder to complete the procedure of partnership firm registration are mentioned below. All the persons who want to get their partnership firm register must have these documents. It is advisable that before starting the procedure of partnership firm registration, collect all the given below documents:
- Prepare a Partnership Deed outlining the terms and conditions of the partnership. Include details like business name, partners’ names, capital contributions, profit-sharing ratio, etc.
- Provide identity proof (PAN card, Aadhaar card, passport, etc.) of all the partners.
- Submit address proof (passport, voter ID, driving license, utility bills, etc.) of all the partners.
- Passport-sized photographs of all partners.
- Furnish an affidavit stating that the partners are in a partnership and wish to register it.
- Provide proof of ownership or a rental agreement for the principal place of business.
- Some states may require a Form of Statement, which is a declaration of compliance with partnership regulations.
- In some cases, a specimen of the affidavit affirming the partnership may be needed.
- If someone other than the partners is submitting the documents, an authorization letter may be required.
All the above steps are the intrinsic part of the procedure of partnership firm registration. Without completing the above procedure one cannot register their partnership firm. Hence one who wants to register their partnership firm must be aware about the above procedure.
Conclusion
There is a proper procedure of partnership firm registration, governed by the Partnership Act of 1932. The procedure of partnership firm registration involves a written agreement known as the Partnership Deed, outlining key terms. To initiate the partnership firm registration, choose a unique name, draft the Partnership Deed with details such as business name and partners’ information, and have it signed in the presence of a notary public. Obtain PAN and TAN for the firm, open a bank account in the name of the firm, and submit the required documents to the Registrar of Firms. Once verified, the Registrar issues a Certificate of Registration. While the process involves steps like preparing documents, providing identity and address proofs, and obtaining necessary numbers, it is generally uncomplicated. It’s crucial to adhere to the specific requirements of the state and gather all required documents for a smooth registration process.
