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Partnership Firm Registration

Partnership serves as an answer to the needs of greater capital investment, varied skills and sharing of risks. Partnership firm is ideal for small businesses that plan to remain small.

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partnership firm

What is a partnership firm?

Partnership is a common form of business. Two or more people come together to carry on a business and share the profits and losses. Liability of the partners in a partnership firm is joint and several. A partnership firm is not a separate legal entity distinct from its memebers. It is merely a collective name given to the individuals composing it. Hence, unlike a company which has a separate legal entity distinct from its members, a firm cannot possess property or employ servants, neither it can be a debtor or a creditor. It cannot sue or be sued by others.

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Partnership Firm Registration)

Characteristics

01.

Existence of an agreement

Limited Liability partnership are not required to audit the accounts. Any other company (Public,Private) are mandated to get their account audited by the auditing firm. LLP is required to audit their account only when crosses the turnover as prescribed.

02.

Existence of business

Limited Liability Partnership can be started with the minimum amount of capital money. Capital may be in the form of tangible, movable asset like Land, machinery or intangible form.

03.

Paid-up Capital

A one person company can be started with 1 lac. If the paid up capital of the company increase to 50 lacs or more the OPC will become automatically.

04.

Sharing of Profit

The purpose of partnership should be to earn profits and to share it. In the absence of any agreement, the partner should share profits (and losses as well) in equal proportions.

05.

Contractual Relation

The person joining the partnership enters into a contract for running the business. According to Partnership Act, the relation of partnership arises from contract and not from status. The contract may be oral or written but in practice written agreement is made because it helps to settle the disputes if they arise later on.

06.

Unlimited Liability

As in the case of a sole-trade business liability of the partners of a firm is unlimited. In case some obligation arises then not only the partnership assets but also the private property of the partners can be taken for the payment of liabilities of the firm to the third parties. The creditors can claim their dues from anyone of the partner or from all the partners. The partners are liable individually and collectively.

07.

Restriction and Transfer of Share

No partner can sell or transfer his share to anybody else without the consent of the other partners. In case any partner does not want to continue in the partnership, he can give a notice for dissolution of the firm.

08.

Non-transferability of interest

No partner can assign or transfer his partnership share to any other person so as to make him a partner in the business without the consent of all other partners.

09.

Registration of firm

Registration of a partnership firm is not compulsory under the Act. The only document or even an oral agreement among partners required is the ‘partnership deed’ to bring the partnership into existence.

10.

Nature of liability

The nature of liability of partners is the same as in case of sole proprietorship. The liability of partners is both individual and collective. The creditors have a right to recover the firm’s debts from the private property of one or all partners, where firm’s assets are insufficient..

Partnership Firm Registration

Advantages

Sharing of risk

Risk is shared amongst the partners.


Better Management

Better management of business can be done as the number of persons managing the business are more.

Larger resources

More resources can be procured from all the partners when compared to sole proprietorship.

Ensures secrecy

The statement of accounts of the firm need not be published and this ensures secrecy.

Easy to form

A partnership firm is easy to form. An oral or written agreement between the partners is all that is needed to start a partnership.

Partnership Firm Registration

Disadvantages

Unlimited liability

All the partners are jointly and severally liable for the liabilities of the firm.

Lead to dissolution

A partnership firm does not exist for an indefinite period of time. i.e., insolvency or lunacy

Separate legal status

A partnership firm does not have a separate legal status, a firm cannot own asset

Cannot access public funds

A partnership firm cannot invite funds from public.

Process

What is the process for Partnership Firm Registration Online Tamilnadu ?

Draft a partnership deed

A deed of partnership is required to be made out and registered under the Indian movable property Act together with other movable properties involved.

Fill Form 1

This is the Prescribed Registration Form for Incorporation of a firm. It should be filled and along with documents to be submitted to ROF

Submission

Submit the duly filled Form 1, stamped partnership deed and Lease agrrement to RoF(Registrar of Firms)

Certificate of registration is issued by RoF

After verification of all Submitted documents, RoF will issue Certificate of Registration

FAQ

Partnership is an agreement between two or more people to share the profits of a business. The business can be carried on together by all the partners or any one partner representing the others. A partnership can be for a fixed period of time or it may be limited to a specific project or it may be dissolved at will.
No. However, it is usually a good decision for partners to work out the details of the partnership and create a written agreement. If you do not, the state’s rules regarding partnerships will govern your partnership.
Digital signature is process to authenticate and validate records electronically. DSC is required for every director of the company as the Ministry of Corporate Affairs (MCA) mandates digital signature of directors on some documents.
A limited partnership must have at least one general partner. … General partners are also subject to unlimited personal liability for the debts of the business. Thegeneral partners of a limited partnership are also jointly and severably liable for the debts of the business, just like partners in a general partnership.
A partnership is a for-profit business association of two or more persons. Because the business component is defined broadly by state laws and because “persons” can include individuals, groups of individuals, companies, and corporations, partnerships are highly adaptable in form and vary in complexity.
A partnership does not pay any income taxes. Instead, partnership income “passes through” the business to the partner. Each person then reports his or her share of business profits or losses on an individual federal tax return
A partnership is a business owned by two or more people. There are three different types of business partnerships:
No, it is not necessary. However it is often prudent to make a partnership deed to produce to the bank, income tax authorities and to clients with whom the partnership firm deals with.
Partnerships can be very similar to Sole Proprietorships in the sense that the business is not necessarily an independent entity; in the simplest form ofPartnership, all partners contribute capital and all are fully liable for business debts. … The Partnership Agreement is merely a way to share Sole Proprietorship.
Yes, a partnership firm can be converted into private limited company by following the procedure laid down in Companies Act 2013.

About Wealth Bridge

We Help You To Form Your Company In A Simple Way Wealth Bridge Will Making More Possibilities which aims at providing much-needed funds to businesses across the trading and service industry

Head Office

2nd Floor, #23, 8th East Main Road
Gandhinagar, Katpadi, Vellore

(+91) 416 2241199
(+91) 86677 53901

Branches

ARAKKONAM OFFICE

# 10/1, Thiruthani High Road ,

Upstairs to Central Bank ,Jothi Nagar,

Arakkonam , TamilNadu - 631003

Phone:+91 6381184522 , +91 8012747723.

RANIPET OFFICE

No 126, MBT Road, Mahaveer Complex,

First Floor, Muthukadai,

(NearDarling bakery) Ranipet - 632401

Phone : +91 417 2295006 +91 86675 42148