
The legal definition of a Partnership
According to the Partnership Act, 1932, the definition of a partnership is as follows:
“Partnership” is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into a partnership with one another are called individually, “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm-name”.
Why you should register the partnership
It is important to note that a partnership is NOT a separate legal entity. It is a combined name for all the partners. Whether you register the partnership or not, this fact will not change. However, registering the partnership is legal proof of the existence of the firm. According to Section 69 of the Partnership Act, 1932, unregistered partnerships face the following consequences:
- A partner of the firm cannot file legal proceedings against the firm or any of its partners.
- The partnership firm cannot file legal proceedings against any third party. So, if there is a dispute regarding a business transaction, an unregistered partnership firm cannot go to court for settlement.
- A partner of the firm cannot file legal proceedings to enforce any right for the dissolution of the firm or for the accounts of a dissolved firm or power to realize the property of a dissolved firm.
Process of Partnership Firm Registration
The Partnership Act, 1932, does not mandate partnership firm registration and therefore, there is no time limit for the same. You can register the firm at any time. The partnership firm registration process is as follows:
- Submit an application form to the Registrar of Firms and provide details like:
- Name of the firm
- Names and addresses of all partners
- Addresses of the main office and all branches
- Date of commencement of business
- Date of joining of each partner
- Duration of the partnership
- Attach the required documents (explained below)
- Pay the necessary fees
The process of registration is simple. Once the Registrar is satisfied with the details, he files an entry of the statement in the Register of Firms. This completes the process of partnership firm registration.
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