Law Related to Formation of Partnership Firm in Maharashtra is contained in Indian Partnership Act 1932 and in Maharashtra Partnership Rules 1989.  Fees for Various form to be filled with  Registrar of Firms Maharashtra was lat amended by Fees Notification 2014 dated 10.02.2014. In this Article we have discussed   Some Important Tips To Be Remembered To Avoid Objections From Registrar Of Firms In Respect Of Forms Filed and  Documentation requirement for the Following :-

1. Registration 

2. Change in principal Place/nature of business/firm name

3. Opening and closing of branches

4. Change in the Name (Person/Limited Company) and Address of the Partner

5. Change in Constitution -Admission/ Retirement/ Dissolution/ Death of Partner/minor partner

6. Minor attaining majority and elects to become/ not to become a Partner

7. Rectification of Mistakes

8. Inspection of Register

9. Inspection of documents

10. Certified copy

11. Appeal against refusal by registrar to register the firm under a particular name

Contents

Form No.
Time Limit
Sec.
Enclosures
Filling
Fees
Rs.
Other
Charges
Penalties Amt.
Documents and Stamp Duty Amt.
1
2
3
4
5
6
7
8
1. Registration 
A
1 year
58(1) & (1A)
1. Forwarding letter with Rs. 5 court fee stamp2. Rs. 10 Non- judicial stamp paper3. Copy of partnership deed certified by C.A./Adv.
4. Marathi translation of Partnership deed duly certified by C.A./Adv.
1500
100
Section- 59A-1- Rs. 100/-
year or
part
thereof
Instrument of Partnership1. Rs.500 for no share of contribution or share contribution in cash of Rs. 50000 or part thereof subject to a maximum of Rs. 50002. For share of contribution brought in by way of property (excluding cash, — same duty will be leviable as on conveyance on the market value of the property (For rates, refer Scheduled of Bombay Stamp Act)
2. Change in principal Place/nature of business/firm name
B
90
days
60(1)
1. Forwarding letter with Rs. 5 court fee stamp2. Rs. 10 Non- judicial stamp paper3. Copy of proof duly certified by C.A./Adv.
1000
200
Section 69A- Up to Rs. 10/ day
Proof for date of change like certified copy of possession letter, Sale Deed, Leave License Agreement or copy of Supplementary Deed.
3. Opening and closing of branches
C
90
days
61
1. Forwarding letter with Rs. 5 court fee stamp2. Rs. 10 Non- judicial stamp paper3. Copy of proof duly certified by C.A./Adv.
1000
200
Section 69A- Up to Rs.
10/day
Proof for date of change like certified copy of possession letter, Sale Deed, Leave License Agreement or copy of Supplementary Deed.
4. Change in the Name (Person/Limited Company) and Address of the Partner
D
90
days
62
1. Forwarding letter with Rs. 5 court fee stamp2. Rs. 10 Non-judicial stamp paper3. Copy of proof duly certified by C.A./Adv.
4. Certified copy of Government Gazette or Certificate of R.O.C.
1000
200
Up to Rs.
10/day
Copy of Supplementary Deed if any
5. Change in Constitution -Admission/ Retirement/ Dissolution/ Death of Partner/minor partner
E
90
days
63
1. Forwarding letter with Rs. 5 court fee stamp2. Rs. 10 Non- judicial stamp paper3. Copy of partnership deed certified by C.A./Adv.
1000
200
Up to Rs.
10/day
(a) Instrument of Partnership on re-constitution of the firm:Stamp duty as under Sr.No.1(b) Instrument of Dissolution/ Retirement on Rs. 200/- (Please refer Bombay Stamp Act)
6. Minor attaining majority and elects to become/ not to become a Partner
F
90
days
63(2)
1. Forwarding letter with Rs. 5 court fee stamp2. Rs. 10 Non-judicial stamp paper3. Copy of partnership deed if any certified by C.A./Adv.
4. If minor is retiring in age of minority then Affidavit of Guardian in support of retirement
1000
200
Up to Rs.
10/day
7. Rectification of Mistakes
64(2)
An application for Rectification and  Documentary Proof
1000
200
Documentary proof of Rectification.
8. Inspection of Register
66(1)
1. An application for Inspection
100
9. Inspection of documents
66(2)
1. An application for Inspection
100
10. Certified copy
67
1. An application for certified copy2. Non-judicial Stamp Paper of Rs. 10/-3. Rs.5/- Court Fee Stamp
Rs. 100/100 words or part thereof
11. Appeal against refusal by registrar to register the firm under a particular name
Plain Paper
30
days
58(4)
1. Copy of order appealed against2. Copy of receipt
1000
Appeal is to be
filed before the
Competent
Authority, Law
and Judiciary
Department,
Mantralaya,.
Mumbai –400 032

SOME IMPORTANT TIPS TO BE REMEMBERED TO AVOID OBJECTIONS FROM REGISTRAR OF FIRMS IN RESPECT OF FORMS FILED.

1.      For Online filing CA/Adv need to create New ID for every Firm.

2.      Write full Name with correct spellings in Deed of Partnership and on all the Forms

3.         Stamp paper must be in the name of firm or partners.

4.      If change in constitution is simultaneous with change in address, both Forms E & B or D are required to be filed.

5.         Change in Karta is of HUF is required to be intimated in Form E. In case Death of Karta Form E has to be submitted.

6.      Date of filling of documents must be within one month of such notarization.

7.         Check date of stamp paper, date of execution of deed and effective date of partnership deed.

8.      In case of change in name and also the change in address of the lady partner if occurs on account of marriage then Form D is required to be filed along with attested copy of Marriage Certificate which should necessarily contain changed name and address both.

9. Ensure that the Seal of Notary is put with Red ink and initials of Notary on all pages of the document or form, which is notarized. Name and Address stamp of the Notary on the notarized document or form, along with serial number in the Notary Register of the document being notarized.

10.  Rectification application filed under section 64, requesting correction of error signatures of all existing partners are necessary on the application.

11.              Letter of authority to appear before the Registrar of Firms for personal hearing can be signed by any one of the existing partners.

12.              The stamp paper which is used for execution of Deed of Partnership should be dated within 6 months of the date of issue of such stamp paper. This provision is effective from 1-12-1989.

13.              Any particular business requiring License to carry out the business the copy of License is to be submitted along with the submission. If License is not obtained then a Undertaking in Affidavit form signed by all the partners should be submitted.

14.              The business like Petrol Pump/L.P.G.Gas/Kerosene, Ration Shop/Liquor requires the permission of Licensing authority to carry out business in partnership. In such a cases Copy of License is mandatory.

15.  If Deed is not duly stamp or in other case if six month has been lapsed after the execution of deed then in such cases the deed is required to be Adjudicated by the Stamp Authority.

16. If application is submitted through C.A. or Advocate or any third party other than the firm itself then a Authority letter signed by all the partners is required to be submitted along with the application.

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One response to “ROF Forms, Documents, Fees & Penalties for Partnership Firm in Maharashtra”

  1. vidya says:

    8th column is not fully visible

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