(I) Procedure to Form a New Partnership Firm:-

Rules Prescribed 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 (the District Registrar, Registration and Stamps Department in the State of Andhra Pradesh) of the area in which any place of business of the firm is situated or proposed to be situated.

Application shall contain:-

(i)  Name of the firm

(ii) Place or principal place of business

(iii)  Names of any other places where the firm carries on business

(iv) Date on which each partner joined the firm

(v) Name in full and permanent address of partners.

(vi)  Duration of the firm

Application shall be signed and verified by all the partners or their duly authorized agents.

Name of the firm should not contain any words which may express or imply the approval or patronage of the government except where the Government of India has given its written consent for the use of such words as part of the firm’s name.

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.

Penalty for furnishing false particulars (Section 70) : Any person who signs any statement, amending statement, notice or intimation under this Chapter containing any particular which he knows to be false or does not believe to be true or containing particulars which he knows to be incomplete or does not believe to be complete, shall be punishable with imprisonment which may extend to three months, or with a fine or with both.

Registration of Partnership Firm

Application shall be accompanied by prescribed fee as well as the following documents:

Check List of the Documents for formation of New Partnership Firm:-

1. FORM-I (with attested CA or Notary)

2. Declaration by All the Partners of the Firm ( with attested CA or Notary)

3. Partnership Deed with Rs.500/- Stamp Paper (along with all partners signatures on every page)i.e.on Rs.100/-Non-Judicial Stamp papers-5.

4. Lease Deed from the date of Firm Incorporation

5. House tax of Lease deed.

6. Photo Form.

7. Partners ID Proof & PAN Card.

Practical aspects:-

1. All the documents can be prepared as per the above check list and draft copies is to be produced before the concerned Sub-registrar offices for suggestions or modifications to avoid rejection of the application after uploading at meeseva centers.

2. After then, Final Copies should be uploaded through meeseva.

3. It will take atleast 10-20 days to get approval.

4. Status of the application can be tracked through http://registration.ap.gov.in/mlinks.jsp.

5. After approved by the Registrar offices certificate can be obtained on meeseva letter heads along with their franchise stamps

6. After the Application was approved by the Sub-registrar office, The Firm Details can be available online & can be searched at  http://registration.ap.gov.in/mlinks.jsp by entering Firm Registration number, Registration Dist., Registration Year. The following screen will be appear

By clicking on the action button, Firm & Partners details can be visible like in the below screen.

7. One must ensure that, availability of Firm Details on IGRS AP portal is important to update any changes, reconstitutional effects of the Firm in subsequent periods.

8. If firm details are not visible on the portal then immediately mail to meeseva.support@aptonline.in or contact the Sub-registrar offices.

9. If there is any mistakes in the Firm Details available on the Online Portal, then one should contact the concerned Sub-registrar offices for rectification of mistakes. 

(II) Procedure for Reconstitution of Partnership & Dissolution of the Firm:-

Rules Prescribed in the Indian Partnership Act, 1932:-

Any alterations, subsequent to Registration shall be notified to the registrar:-

Change in firm name and principal place of business (Section 60)— These events shall require sending of a new application form along with the prescribed fee, duly signed and verified by all the partners.

Change relating to opening and closing of branches. (Section 61)— When a registered firm discontinues business at any place or begins to carry on business at any place, such place not being its principal place of business, any partner or agent of the firm may send intimation thereof to the Registrar.

Change in the name and permanent address of any partner (Section 62) — When any partner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent of the firm to the Registrar.

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.

Accordingly, the various forms prescribed under the Indian Partnership Act, 1932, for the alterations in the registered partnership firm are:-

Form No. II: – For change of principle place of business & change in the name of the firm.

Form No. III: – For change of the other than principle place of business.

Form No. IV: – For change of name of the partners & permanent address of the partners.

Form No. V :- For change of constitution of forms & addition or retirement of partner.

Form No.VI :- For dissolution of the firm

Form No. VII :- For minor partner attains the age of majority.

8. Partnership Act, 1932 does not provide for compulsory registration of firms. It is optional for partners to set the firm registered and there are no penalties for non-registration.

Check List of the Documents for formation of Reconstitution of Partnership Firm:-

1. FORM V (with sign of all incoming, continue and outgoing partners along with CA attested)

2. Declaration (along with attested CA or Notary).

3. Reconstitution of Partnership Deed with Rs.500/- stamp paper (along with all partners (incoming, outgoing and continue partners) signatures in every page.

4. Settlement Deed of outgoing partners (on Rs.10/- Stamp Paper)

5. Incoming and outgoing partners affidavit with notary.

6. IT Returns.

7. Photo Form.

8. Balance Sheet till date with CA Attested and Financial Year.

9. Property details if any.

10. ID Proofs & PAN.

(III) Procedure for Change of Place or name of the Firm:-

Check List of the Documents for formation of Change of place or name of the Firm-

1. FORM II

2. Reconstitution of Partnership deed on Rs.500/- Stamp Paper along with all partners sign.

3. Lease Deed (Change of Place).

4. House Tax (Change of place)

5. Photo Form.

6. ID Proofs & PAN.

Practical aspects:-

1. For all subsequent alterations or reconstitution effects of the partnership firm shall be filed through “Meeseva” centers. Applications which are filed in meeseva centers were approved by concerned Sub-Registrar offices.

2. Before uploading documents at mee seva centers draft copies should be  produced before the Sub- Registrar offices for suggestions/modifications and then file with meeseva centers to avoid rejection of application by sub registrar offices.

3. It will take atleast 10-20 days time to get approval.

4. Application status can be tracked on http://registration.ap.gov.in/mlinks.jsp.

5. After approved by the Registrar offices certificate can be obtained on meeseva letter heads along with their franchise stamps.

EFFECTS OF NON REGISTRATION OF PARTNERSHIP FIRM:-

However, Section 69 of the Act which deals with the effects of non-registration denies certain rights to an unregistered firm under the Act:-

(i) A partner of an unregistered firm cannot file a suit in any court against the firm or other partners for the enforcement of any right arising from a contract or right conferred by the Partnership Act unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm.

(ii) No suits to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm.

(iii) An unregistered firm or any of its partners cannot claim a set off (i.e. mutual adjustment of debts owned by the disputant parties to one another) or other proceedings in a dispute with a third party. Hence, every firm finds it advisable to get itself registered sooner or later.

However, non-registration of a Partnership firm shall not affect:-

(i) The rights of third parties to sue the firm and/or its partners.

(ii) The firms or partners in the firms which have no place of business in the territories to which this Act extends, or whose places of business in the said territories are situated in areas to which the act does not apply.

(iii) any suit or claim or set-off not exceeding one hundred rupees in value which, in the Presidency-towns, is not of a kind specified in Section 19 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), or outside the Presidency- towns, is not of a kind specified in the Second Schedule to the Provincial small Cause Courts Act, 1887 (9 of 1887), to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.

(iv) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved firm.

the powers of an official assignee, receiver or Court under the Presidency-towns Insolvency Act, 1909 (3 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), to realise the property of an insolvent partner.

ALL FORMS

FORM-I

[See Rule 3]

Application for registration of firm by the names………..

Filing Fee-Rs.100

Presented or forwarded to the Registrar of Firms for filing by…………….

We, the undersigned, being the partners of the firm…………………………………

here by apply for registration of the said firm and for that purpose, supply the

1. Subs. By G.O.Ms.No. 228, Ind. & Com. (SSI) dt. 5-12-1996 w.e.f 07-03- 1996.

2. Here and the name of the firm.

Following particulars, pursuant to Section 58 of the Indian Partnership Act, 1932.

The firm’s name………

Place of business

(a) Principle Place

(b) Other places

Name of Partners Date of Joining Permanent address
In full the firm in full
1.
2.

Duration of the firm

Station

Date

Signature of the partners or their

Specially authorized agents

I,………………………… son of ……………………………………… years of age, of ……………….. religion, do hereby declare that the above statement is true and correct to the best of my knowledge and belief.

Date

Witness

Signature

N.B:- This form must be signed by all partners or their agents specially

authorized in this behalf in the presence of a witness or witnesses who must be

either a Gazetted Officer, Advocate, Attorney, Pleader, Honorary Magistrate or

Registered Accountant.

PHOTO FORM

PHOTOGRAPHS AND FINGERPRINTS AS PER SECTION 32A OF REGISTRATION ACT, 1908. (C& IGR&S Circular Memo No. G1/8539/99, dated 19-04-2000) 

Sl.No.

FINGER PRINT IN BLACK INK (LEFT THUMB)

PASSPORT SIZE PHOTOGRAPH (BLACK & WHITE)

NAME & PERMANENT POSTAL ADDRESS OF PRESENTANT/SELLER/BUYER

1

2

 

3

4

 

 

 

SIGNATURE OF WITNESSES   SIGNATURE OF THE EXECUTANTS
1.  
2.  
3.  

FORM-II

[See Rule 3]

Statement of alteration in the name of the firm or the location of the principal place of business Filing Fee-Rs.20 Presented or forwarded to the Registrar of Firms for filing by…………….

We, the undersigned, being the partners of the firm…………………….. here by supply the following particulars, pursuant to section 60(1) of the Indian Partnership Act, 1932:

*. Here enter the name of the firm.

1. Here add the name of the firm.

2. If any partner is a minor the fact whether he is entitled to the benefits of a partnership should be set out hereunder.

Name of Firm

Previous Name

New Place

Principal Place of business

Previous Place

New Place

Station

Date

Signature of the partners or their

Specially authorized agents

I,………………………… son of ……………………………………… years of age, of ……………….. religion, do hereby declare that the above statement is true and correct to the best of my knowledge and belief.

Date

Witness

Signature

I,………………………… son of ……………………………………… years of age, of ……………….. religion, do hereby declare that the above statement is true and correct to the best of my knowledge and belief.

Date

Witness

Signature

FORM-III

[See Rule 4]

Intimation of change in the place of business (Other than principal place of business)

Filing Fee-Rs.20

Presented or forwarded to the Registrar of Firms for filing by…………….

Under Section 61 of the Indian Partnership Act, 1932, intimation is hereby given that the changes specified below have occurred in the place of business of the firm*:

Date of change

*. Here enter the name of the firm.

1. The firm has discontinued business at ………………………….

2. The firm has begun to carry on business at ………………….

Station

Date

Signature of the partner or agent of the firm

FORM-IV

[See Rule 4]

Intimation of alteration in the name or permanent

Address of partners

Filing Fee-Rs.20

Presented or forwarded to the Registrar of Firms for filing by…………….

Under Section 62 of the Indian Partnership Act, 1932, intimation is hereby

given that the changes specified below have occurred in the name or/ and

permanent address of partner in the firm*:

Name of partner

*. Here enter the name of the firm.

1. Here add the name of the firm.

2. If any partner is a minor the fact whether he is entitled to the benefits of a partnership should be set out hereunder.

Previous name (in full)

New name (in full)

Address of partner

Principal Place of business

Previous permanent

Present permanent address

Address (in full)

Station

Date

Signature of the partner or agent of the firm

*. Here enter the name of the firm.

N.B—Strike out items not required.

FORM NO. V

(See Rule 4)

Notice of change in the Constitution of Firm or of the dissolution of firm 

Presented or forwarded to the Registrar of firms for filling by Under Section 63(i) of the Indian Partnership Act, 1932, notice is hereby given that:-

The Constitution of the firm ……………………….. has been altered as follows:-

Name and full address of the incoming partner and date of his joining the firm

Name and full address of the outgoing partner and date of  ceasing to be partner

Name:-

Address:-–

DOJ:-

Station: Signature of the incoming Partner or his specially authorised agent

Date: Signature of the Continuing Partner or his specially authorised agent

Signature of the Continuing Partner or his specially authorised agent

The Firm * ……………………………………………. . . has been dissolved with effect from …………………………………………………..

Station: Signature of the person who was a Partner immediately before the dissolution or his specially authorised agent

Date:

* Hear enter the name of the firm

N.B. Strikeout items  Not required.

FORM-VI

[See Rule 4]

Notice of election by person admitted to the benefits Of partnership on attaining majority

Filing Fee-Rs.20

Presented or forwarded to the Registrar of Firms for filing by…………….

Under Section 63(2) of the Indian Partnership Act, 1932, notice is hereby

given that………… admitted to the benefits of the partnership in form*…………. Have now attained majority………… elects to become/elects not to become partner of the said firm.

Station

Date Signature of the person electing or of his specially authorized agent

FORM-A [See Rule 5]

Register of firms

(Maintained u/s-58 of the Indian Partnership Act, 1932)

1. Serial number of firm:

2. Name of firm:

3. Date of registration:

4. Duration of firm:

5. Addresses Date of change Remarks

6. Partners:

7. Name of the partners…….Addresses…..Date of…….Remarks Joining…….ceasing

Principal place of business and changes therein.

Particulars regarding the place     Date of change             Remarks

8. Other places of business:

Name of place……………….Date of…………… Remarks ……………. Opening……. Closing

Name of Firm:

Serial No. ……….. Description of document……… Date of filing………. Signature of Registrar of the Document

Name of Firm

Serial No. of the Document Description of Document  Date of filing Signature of Registrar

FORM-C

[See Rule 10]

Acknowledgment of Registration of Firms

The Registrar of Firms A.P., hereby acknowledges the receipt of the statement prescribed by Section 58(1) of the Indian Partnership Act, 1931.

The statement has been filed and the name of the firm …………….. has been entered in the Register of Firms as No………. of ………….. (Seal)

Registrar of Firms

Andhra Pradesh

Date the …………. 20……………

Forwarded to Mr. ………. With reference………….to his

Messrs their

Letter No……………………., dated the ……………………19……………..

AFFIDAVIT 

I, ……………………………..  aged ……… years residing at ……………….. Do here by solemnly declare that-

(1)  I am willing to join as a Partner in ………….. w.e.f from …………

I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.

Date:

Place:

(Signature)

Author Bio

Qualification: CA in Practice
Company: Sirisha & Co., Chartered Accountants
Location: Vijayawada, Andhra Pradesh, IN
Member Since: 24 Aug 2020 | Total Posts: 1

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