Partnership Firm Registration

Partnerships in India are relatively easy to form and are popular among small and medium-sized businesses. However, partnerships are not considered a separate legal entity, which means that the partners' personal assets can be used to satisfy the partnership's debts and obligations.

WhatsApp

Overview

In a partnership, the partners are collectively responsible for the business and its debts. Partnerships are usually formed as a result of an agreement between the partners, which outlines the terms and conditions of the partnership, such as profit sharing, capital contributions, and decision-making authority.

There are two types of partnerships in India:

  • General partnership: In this type of partnership, all partners have unlimited liability and are collectively responsible for the debts and obligations of the business.
  • Limited partnership: In this type of partnership, there are two types of partners: general partners, who have unlimited liability, and limited partners, who have limited liability and are not involved in the management of the business.

Benefits

Partnership firms in India have several benefits, including:

  • Easy formation: Partnership firms are easy to form, with minimal legal formalities involved.
  • Shared responsibility: The partners share the responsibility and workload of running the business, which can be helpful in managing day-to-day operations.
  • Flexibility: Partnerships are flexible in terms of management, ownership, and structure. The partners can easily make changes to the partnership deed as per their needs and requirements.
  • Shared profits and losses: The profits and losses of the partnership firm are shared among the partners, which can be beneficial in case of losses as the burden is shared.
  • Tax benefits: Partnership firms enjoy several tax benefits, including the ability to claim deductions on business expenses and the sharing of profits among partners.
  • Limited compliance: Partnership firms have fewer compliance requirements as compared to other forms of business entities, which can save time and money for the partners.
  • Capital contribution: The partners can pool their resources to start and run the business, which can help in raising capital for the firm.
  • Confidentiality: Partnership firms are not required to file their financial statements with the Registrar of Companies, which can help maintain the confidentiality of the firm's financial information.

Key documents required in partnership firm registration

The following are the key documents required for partnership firm registration in India:

  • Partnership Deed: This is the most important document required for partnership firm registration. It contains the details of the partners, their contribution to the partnership, their rights and responsibilities, profit sharing ratio, etc.
  • PAN Card: PAN card of all the partners is required for partnership firm registration. Address Proof: Address proof of all the partners such as an Aadhaar card, driving license, voter ID, passport, etc.
  • Identity Proof: Identity proof of all the partners such as an Aadhaar card, driving license, voter ID, passport, etc.
  • Registered Office Address Proof: Address proof of the registered office of the partnership firm such as electricity bill, telephone bill, property tax receipt, etc.
  • NOC: No objection certificate (NOC) from the landlord of the registered office of the partnership firm.
  • Partnership Firm Registration Application: Application for partnership firm registration in the prescribed format.
  • Bank Account Proof: Proof of opening a bank account in the name of the partnership firm.

Registration Process

The step-by-step process for registering a partnership firm in India is as follows:

Choose a business name
The first step in partnership firm registration is to select a unique name for your partnership firm. Make sure the name you choose is not already registered by any other firm.
Draft partnership deed
The partnership deed must include details such as the name of the partnership, the nature of the business, the capital contribution by each partner, the profit-sharing ratio, and the rights and responsibilities of each partner.
Get partnership deed notarized
After drafting the partnership deed, all the partners must get it notarized by a notary public.
Apply for PAN and TAN
Every partnership firm must have a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN). Apply for these numbers with the Income Tax Department.
Register for GST
If the annual turnover of the partnership firm is expected to exceed Rs. 20 lakhs, the firm must register for Goods and Services Tax (GST).
File for registration
Submit the application for partnership firm registration to the Registrar of Firms in your state. The application must include the partnership deed, address proof, identity proof, and proof of registration fees paid.
Obtain the Certificate of Registration
After verifying the application and documents, the Registrar of Firms will issue a Certificate of Registration. This certificate serves as proof of the partnership firm's existence.
Open a bank account
After obtaining the Certificate of Registration, the partnership firm can open a bank account in the firm's name.
Get other licenses and permits
Depending on the nature of the business, the partnership firm may require additional licenses and permits from various government departments.

Why approach LAWYASA?

  • Expert guidance: Lawyasa provides expert guidance and assistance throughout the registration process, ensuring that all legal requirements are met.
  • Online platform: Lawyasa is an online platform, which means that you can access our services from anywhere, anytime.
  • Experienced professionals: Lawyasa has a team of experienced professionals who are well-versed in legal requirements and can provide expert advice and guidance.
  • Quick turnaround time: Lawyasa strives to provide quick and efficient services, ensuring that your registration is completed in a timely manner.

How can LAWYASA assist?

Lawyasa can assist in the partnership firm registration process in India by providing the following services:

  • Consultation: Lawyasa can provide legal consultation regarding the partnership firm registration process, including the requirements, procedures, and legal formalities.
  • Document Preparation: Lawyasa can assist in the preparation of all the necessary documents required for the registration of the partnership firm, such as partnership deed, PAN, TAN, GST registration, and other legal documents.
  • Filing of Application: Lawyasa can help in the filing of the application for partnership firm registration with the Registrar of Firms.
  • Follow-up: Lawyasa can also provide follow-up services to ensure that the partnership firm registration process is completed smoothly and within the stipulated time.
  • Annual Compliance: Lawyasa can assist in the annual compliance requirements of the partnership firm, such as filing of income tax returns, GST returns, and other statutory compliance.
  • Dispute Resolution: Lawyasa can also assist in dispute resolution and provide legal advice and representation in case of any legal disputes or conflicts.

Frequently Asked Questions

Q: Can a partnership firm have more than one office in different states in India?

Q: Can a minor be a partner in a partnership firm?

Q: Can a partner be expelled from a partnership firm?

Q: Is it necessary to have a written partnership agreement to register a partnership firm?

Q: Is it necessary to register a partnership firm with the Registrar of Firms?

Q: Can a partnership firm be converted into a private limited company?

Q: Can a partnership firm have more than 20 partners?

See what our clients say about us ...

“Lawyasa exceeded my expectations. They were extremely thorough in their analysis of my legal issue and provided me with clear and concise guidance. Their team was always available to answer my questions and provide updates.”

Paresh Garg,
Co founder, United Force Healthcare Pvt Ltd.

Brilliant Legal Team Safeguards Space Group's Operations Efficiently

The legal advice & paperwork the team gives is brilliant & they have helped us to remain protective on a lot of our company work here at Space Group. I highly recommend this legal team & that they are super fast at drafting & vetting documents with sound knowledge of the legal compliances.

Shivam gupta

Shivam gupta

CEO, Space India

Awesome Insights for De-risking Small Business Contracts

Matisha and her team are simply awesome. Her insights helped me identify risks and aspects of my business that I was missing. Extremely customer focussed and an absolute asset for small business owners looking to de-risk their legal contracts.

Mithun Raj

Mithun Raj

Founder, Sales Panther

Excellent Law Firm for Pvt Ltd Company Incorporation!

I had a fantastic experience with the team while incorporating my Pvt Ltd company. Team Lawyasa is highly knowledgeable, efficient, and provided exceptional guidance throughout the entire process. I highly recommend their services for anyone seeking a seamless company incorporation.

Brijesh Kumar

Brijesh Kumar

Co founder, WhiteChalk