Partnership Firms
A partnership is a basic way to do business where two or more people come together to start a venture, sharing profits based on an agreed ratio. It covers various trades and professions. One perk is that partnership firms have fewer regulatory requirements compared to companies
Law Governing the Partnership Firms Registration
In India, partnership firms follow rules from the Indian Partnership Act of 1932. People who start a partnership are called partners. Partners make a agreement called a "partnership deed" to set up the partnership firm.
Partnership Deed
A partnership deed is a legal paper that explains the rules of a partnership. It talks about terms and conditions of partnership like what each partner does, how profits are shared, and how much money each person puts in. This document is important because it stops arguments by laying out everyone's jobs and rights. It also shows that the partnership is real and can be used in court if there are problems.
Partnership Firm Registration
Partnership registration means officially enlisting a partnership business with the government. It happens in the state where the partnership is based. Remember, registration is a choice, not a must-do. Partners decide if they want to register when they start the partnership or later. To register, partners need to agree on a name and make a partnership deed.
Advantages of a Partnership Firm Simplified:
- Easy to Start : Setting up a Partnership Firm is simple and affordable/economic, with fewer formalities.
- Diverse Skills : Partners bring varied skills and resources, enhancing the business's capabilities.
- Shared Finances : Financial responsibilities are divided among partners, making it more manageable.
- Tax Benefits : The firm itself isn't taxed; profits are taxed based on individual partners' rates, potentially saving on taxes.
- Flexible Decisions : Partnerships allow flexible decision-making, involving partners in business operations and direction.
- More Capital : Partners contribute capital, and new partners can be added to raise additional funds.
Disadvantages of a Partnership Firm:
- Unlimited Liability : Partners bear unlimited personal liability, risking personal assets for the firm's debts.
- Limited Capital : Raising significant capital is challenging, relying on partners' contributions and potential loans.
- Conflict Risk : Differences among partners can lead to conflicts, hindering decision-making.
- Growth Limitation : Partnerships may face growth challenges compared to larger business structures.
- Continuity Concerns : Partner events like death or withdrawal can disrupt continuity unless addressed in the partnership deed.
- Tax Complexity : Involves complex tax arrangements, with each partner responsible for individual tax compliance, possibly requiring professional help.
Choosing a partnership firm involves weighing these pros and cons based on your business goals and situation.
Procedure for Partnership Firm Registration
The procedure for registering a Partnership is explained in detail below:
Choose a Name for the Partnership Firm
Select a unique name for the partnership firm, ensuring it is not identical or similar to any existing company or LLP. It must also comply with legal naming regulations.
Draft the Partnership Deed
Make a detailed partnership paper that explains all the partnership rules. Include things like the partnership name, partner names and addresses, what the business does, how profits are shared, and how long the partnership will last.
Application for Registration:
Partners must apply with the Registrar of Firms, including firm details, partners' names and addresses, and the duration of the firm.
- The name of the Partnership Firm
- The principal place of business
- The location of any other sites where the firm carries on business
- The date of joining of partners
- The names and addresses of the partners
- The duration of the firm
Obtain the Certificate of Registration
After the Registrar of Firms checks everything and is okay with it, they give a Certificate of Registration. This paper confirms that the partnership is officially registered with the Registrar of Firms.
Apply for PAN and TAN
Get a PAN and TAN from the Income Tax Department. These numbers are important for dealing with taxes.
How can Vyapar Samadhan help in Partnership Firm Registration?
We make Partnership Firm Registration easy for you. Our experienced team guides you through the process, helps with paperwork, and ensures everything is legally correct. We handle submitting your application and keep you updated. Whether starting a new partnership or formalizing an existing one, our services fit your needs. We don't just stop at registration; we support you afterward, explaining ongoing responsibilities.
With Vyapar Samadhan, you can confidently register your partnership, focusing on business growth. Our affordable solutions make the process hassle-free. Contact us today to start your successful partnership journey.
Proprietorship vs Limited Liability Partnership (LLP) vs Company:
Features |
Proprietorship |
Partnership |
LLP |
Company |
Definition |
Unregistered type of business entity managed by one single person |
A formal agreement between two or more parties to manage and operate a business |
A Limited Liability Partnership is a hybrid combination having features similar to a partnership firm and liabilities similar to a company. |
Registered type of entity with limited liability to the owners and shareholders |
Ownership |
|
- Min 2 Partners
- Max 50 Partners
|
|
- Min 2 Directors
- Min 2 Shareholders
- Max 15 Directors
- Max 200 Shareholders
For One Person Company
- 1 Director
- 1 Nominee Director
|
Registration Time |
7-9 working days |
Promoter Liability |
Unlimited Liability |
Limited Liability |
Documentation |
|
|
- LLP Deed
- Incorporation Certificate
|
- MOA
- AOA
- Incorporation Certificate
|
Governance |
- |
Under Partnership Act |
LLP Act, 2008 |
Under Companies Act, 2013 |
Transferability |
Non Transferable |
Transferable if registered under ROF |
Transferable |
Compliance Requirements |
- Income tax filing if turnover is more than Rs.2.5 lakhs
|
|
|
- ITR
- MCA filing
- Auditor's appointment
|