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Partnership Registration

Meaning of Partnership Registration

In India, Partnership Act, 1932 lays down the definition and regulations for Partnership Firm and the provisions of this act (under section 4) defines partnership as – “An agreement between persons who have agreed to share profits of the carried on by all or any one of them acting for all.”

When two or more persons have the same business idea and they wish to work together to turn that idea into reality, they get into partnership by incorporating a partnership firm. So, Partnership is combined ownership of a business between two or more people. Like a sole proprietorship, there is no legal separation between the business and the individual partners. The partnership is formed by an agreement among the partners in which all the terms of partnership is discussed.

The Registration of a partnership firm is not compulsory, though it is usually done as registration brings many advantages to the firm. It is optional for partners to set the firm registered & there are no penalties for non-registration but it is always advisable to get the registration done as it bestows a legal existence and avoid conflicts in future. Partnership Registration is done on their respective state websites.
LLP is one of the easiest types of businesses to incorporate & manage and it integrates the advantages of a Partnership Firm and a Company.

Features of Partnership Firm

  • Governed by- Partnership Act, 1932
  • Applicable to- any business, profession or industry
  • Profit & Loss Sharing- Based on a mutually predetermined ratio
  • Liability- Unlimited, It allows the use of personal assets to set off the losses.
  • Tenure- Not fixed, it depends on the partners’ will or as specified in the partnership deed. However, death/retirement/insolvency of any partner among the two auto-dissolves the partnership.

Advantages of Partnership Registration

  • Quick Response & Decision-making
  • Profits in Predetermined Ratio
  • Low Commencement Cost & Lesser Formalities

Is it necessary to Register a Partnership Firm?

According to the Indian Partnership Act, 1932 which governs the partnerships, Registration of partnership firms is optional and at the discretion of the partners.
Registration of partnership firms may be done at any time – before starting a business or anytime during the continuation of the partnership.

It is always advisable to register the firm since registered firms enjoy special rights which aren’t available to the unregistered firms.

Documents Required For The Registration Of A Partnership Firm

  • Application for registration of partnership (Form 1)
  • Specimen of Affidavit
  • Certified original copy of Partnership Deed
  • Proof of principal place of business (ownership documents or rental/lease agreement).

Process of Partnership Firm Registration

The process of Partnership Firm Registration includes a series of steps. These steps are as follows:

  1. Selection of the name for the partnership Firm
  2. Creation & Attestation of Partnership Deed or Agreement.
  3. Registration on the portal as prescribed by the concerned states
  4. Application for PAN after registration of the firm.

Initiation of current account and commencement of business.

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