Partnership Firm Registration

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Partnership Firm Registration

Introduction of Partnership Firm Registration

A partnership is a form of business where two or more people share ownership, as well as the responsibility for managing the company and the income or losses the business generates. The Partnership firms are easy to form and have less legal compliances. The partnership firms can be registered or unregistered and it is regulated under Indian Partnership Act, 1932. The Partnership Deed is the most essential document which decides the overall working and dissolution process. It is very important to draft the deed with full expertise so that conflicts do not arise between the partners in future.

The Act does not bind the partners to get the firm registered but comes with some drawbacks for the partners such as they cannot file or institute any cases against the partners and third parties. Therefore it is recommended to get the partnership firms registered. The State Department deals with the registration process and every state has different platforms and guidelines to submit the documents.

Compliance Sagar ensures you the high level of satisfaction and timely delivery of Partnership Registration and better dealing with the requirement of government through its expert professionals. You may get in touch with our team on +91 90797 59095 or email cssunil93@gmail.com for Partnership Firm Registration.

Advantages of Partnership Firm Registration

Easy to Start

Partnership firms are one of the easiest modes to start. The only requirement for starting a partnership firm in most cases is a partnership deed. Hence, a partnership firm can be started on the same day.

Faster Decision making

Decision making in a partnership firm could be faster as there is no concept of the passing of resolutions.

Raising of Funds

When compared to a proprietorship firm, a partnership firm can easily raise funds. Multiple partners can come forward for more feasible contributions.

Sense of Ownership

Every partner owns and manages the activities of their firm. Ownership creates a higher sense of accountability, which paves the way for a diligent workforce.

Firm can file legal case

If partnership firm is registered under partnership Act it has authority to file any legal case against the third party

Less Compliance

The Partnership firm has minimal requirements of completing the compliance as compared to LLP

Procedure of Registration of Partnership Firm

Step 1 : Fill the questionnaire provided by our team.
Step 2 : Provide us the all documents as per the category of your business mention above.
Step 3 : We will draft the Partnership Deed and other applicable documents and get it verified and signed by the partners.
Step 4 : We will then file the application for Partnership registration on the respective portal.
Step 5 : Once your partnership firm get registered we will provide you the Registration certificate.

Document Required for Partnership Firm Registration

Pan card of partners as proof of identity

Aadhar Card of partners as proof of identity

Photograph of Partners

Business Address Proof Owned Property : Electricity bill and Sale deed in case one of the Partner owns the place of business

Business Address Proof Rented Property : Electricity bill and Rent/lease agreement

Stamp Paper as per the State

Note:- In case of NRI or Foreign National documents of Directors and Subscribers must be notarized or apostillled.

More Insights on Partnership Firm Registration

Minimum and maximum partners
The partnership act does not prescribe the criteria of minimum and maximum partners. But as per the Companies (Miscellaneous) Rules, 2014 the minimum number of partners should be at least 2 and maximum number of members in a partnership firm is 50. The. The maximum number of members for a firm carrying banking business is 20.
Partnership with no capital
Legally no minimum capital prescribed. So, to start a Partnership firm, you need to plan the future expenses and raise capital accordingly. However, any amount capital could be introduced in the form of Partners Contribution and the same shall be mentioned in the Partnership deed, as executed between the Partners.
Partnership Firms Tax Rate
Partnership firms are liable to pay income tax at the rate of 30% of total income. In addition to the income tax, a partnership firm is also liable to pay income tax surcharge on the amount of income tax at the rate of 12%, when total income exceeds Rs.1 crores. In addition to the income tax and surcharge, a partnership firm must pay education cess and secondary higher education cess.
Disadvantages of not registering Partnership Firm

  • The firm or other co-partners can not file case against any third party: If the firm registration is not done, then the firm or any other person on its behalf cannot file a suit against a third party for breach of contract which the firm has entered into. Further, the person filing the suit on behalf of the firm should be in the register of the firm as a partner.
  • No relief to partners for set-off of claim: Without firm registration, any action brought against the firm by a third party having a value of more than Rs. 100 cannot be set-off by the firm or any of its partners. Pursuance of other proceedings to enforce rights arising from the contract cannot be done either.
  • Third party can sue the firm: Even if the firm registration is not done a third party can bring legal action against the firm.
  • Difference between LLP and Partnership Firm

    BasisLimited Liability PartnershipPartnership Firm
    Registration RequirementIt is mandatory to get the entity registered under LLP Act, 2008It can be registered as well as unregistered
    Number of membersPartners can be unlimited2 -50 partners
    Number of Director2 designated partnersNA
    Naming of EntityThe name should be unique and no trademark should exist on the name. The name should end with LLP.There are no naming guidelines.
    Capital RequirementNo minimum capital requirementNo minimum capital requirement
    Liability of EntitiesLimited LiabilityUnlimited Liability
    Foreign InvestmentLLP is eligible to accept Foreign Direct Investment in accordance with the RBI norms.Not Allowed
    Statutory AuditAudit is compulsory if the contribution more than Rs. 25 lakhs or turnover exceeds Rs. 40 LakhsIt is not required but tax audit is applicable on the basis of turnover as prescribed under IT Act.
    Compliance LevelLLP has to file annual returns and statements every year.The compliances are very less and have to just file ITR of the partnership firm.
    Tax RateTax Applicable : 30%Tax Applicable : 30%
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