CS Mohit Saluja
The law relating to a partnership firm is contained in the Indian Partnership Act, 1932.Under Section 58 of the Act, a firm may be registered at any time (not merely at the time of its formation but subsequently also) by filing an application with the Registrar of Firms of the area in which any place of business of the firm is situated or proposed to be situated.
Under Section 59 of the Act, when the Registrar of Firms is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.
But During the course of the business, some situation may arise like:
So, in all above such cases, the Partners are bound to inform the Registrar of Firms about such changes in the Partnership Firm. Consequent to which they are to draft a new Partnership Deed as per the changes and to file again the application along with required documents to the Registrar of Firms with the applicable fees.
Who will inform the Registrar of Firms about such changes in the Constitution of the Firm
Change in the constitution of the firm and its dissolution [Section 63(1)]
When change occurs in the constitution of the firm, any of the new, continuing or the outgoing partner, while when a registered firm is dissolved, any person who was a partner immediately before the dissolution or the agent of any such partner or person specially authorized on his behalf, may give notice of such a change to the Registrar, specifying the date thereof.
Under Section 63(2), when a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, he or his agent specially authorized in this behalf, may give notice to the Registrar that he has or has not become a partner.
The following forms as prescribed under I.P. Act 1932 accepted for various amendment in original Form-A and Form-C.
|1.||Form No. II||For change of principle place of business & change in the name of the firm.|
|2.||Form No. III||For change of the other then principle place of business.|
|3.||Form No. IV||For change of name of the partners & permanent address of the partners.|
|4.||Form No. V||For change of constitution of forms & addition or retirement of partner.|
|5.||Form No.VI||For dissolution of the firm|
|6.||Form No. VII||For minor partner attains the age of majority.|
(i) Xerox copy of Old Partnership Deed (Drafted at time of Constitution of Firm), duly attested by the Notary of concerned town where the Registered Office of the Firm is situated.
(ii) Xerox copy of New Partnership Deed (Drafted at time of Changes in the Constitution of Firm), on a Stamp Paper of Rs. 1000 (Stamp Paper of Rs. 1000 applicable In Punjab as per the State Stamp Act) duly attested by the Notary of concerned town where the Registered Office of the Firm is situated.
(iii) ID Proofs of all the partners, along with the new admitted partners, if any, duly attested by Notary, Gudegted Officer or any Professional like CA/CS/CWA.
(iv) Passport size photographs of all the partners along with the new admitted partners, if any.
(v) Copy of Receipt Challan (Form PTR 16 Rule 107 of PTR Volume 1) deposited in the Bank.
(vi) Ownership proof of the new place of business, if place of business has been changed
(vii) The Xerox copies of Certificate A and C, issued at time of constitution of the Firm, duly attested by Notary, Gudegted Officer or any Professional like CA/CS/CWA.
After the application is submitted with the Registrar of Firms, the Registrar will look after the application and when the Registrar of Firms is satisfied that the application is complete in all respects and the applicant have duly complied all the provisions of the act, he shall record an entry of the statement in the Register of Firms and issue a Certificate A and Certificate D stating the Changes in the Partnership Firm.
CS Mohit Saluja
Practicing Whole Time Company Secretary
2nd Floor, Malhotra Complex, Sehdev Market,
Ph. No. 9914558709
Email id: [email protected]