PARTNERSHIP FIRM REGISTRATION

What are the criteria to be followed in registering a partnership firm?

A partnership firm is one of the most traditional forms of business registration. It involves two or more individuals coming together to conduct business and agree to share the profits or losses. It is a simple and common business structure, especially for MSMEs, governed by the Indian Partnership Act of 1932. Initially, partnership was the only option available for partners until the LLP Act was introduced in 2010, allowing for limited liability partnerships.

How should the name of the firm be selected?

The firm’s name should be unique and must not be similar to any existing firm in the same line of business. It should not include terms related to government authorities, eminent personalities, or any names that require prior government approval.

How is a deed/agreement between partners made?

A partnership deed is an agreement that can be either registered or unregistered. It specifies each partner's investment, rights, duties, and profit-sharing ratios. Although oral agreements are valid, a written deed is highly recommended to prevent future disputes.

Is it mandatory to register a partnership?

No, registration is not mandatory. As per the Indian Partnership Act, executing a partnership deed is sufficient to start the business. However, unregistered partnerships come with limitations.

Limitations of an unregistered partnership:

  • A partner cannot sue the firm or other partners in case of disputes.
  • The firm cannot file a case against third parties for breach of contract.

What details and documents are required for a partnership deed?

  • Name of the firm
  • Main business activity to be carried out
  • Registered office address of the firm
  • Name and address of each partner
  • Total capital and individual capital contribution of each partner
  • Profit/loss sharing ratio
  • Interest on additional capital provided or taken by the partner
  • Salary details of working/active partners
  • Copy of PAN and Aadhar of each partner
  • Electricity bill of premises along with rental agreement (if rented)