Partnership firm (original partnership deed misplaced)

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 November 2018 Sir I have issue of one of my client, it is Partnership Firm. Partnership Deed was executed on 15th Aug 2014 (which is not registered), and we had applied for PAN, accordingly PAN was issued and thereafter we applied MVAT Registration and VAT TIN was issued. And we are regularly filing our VAT Returns and IT Returns. Again in July 2017 we have migrated ourselves to GST and accordingly we are filing our GST Returns as well.
In the mean time our original Partnership Deed has been misplaced and we don’t even have photocopy of the same (but we have draft of the deed is MS Word document). Now we want to register our Partnership Firm and we are in need of original Partnership Deed for verification in some Govt. office. Here what is the remedy for this issue? As we don’t have original Partnership Deed with us.

CA. Jinendra Sethia

CA. Jinendra Sethia (Expert)
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26 November 2018 one best solution lodge a lost report in nearest police station and take a copy of the report, it will help you

Querist : Anonymous

Querist : Anonymous (Querist)

24 December 2018 Mr. Jain can you please explain how will it help me.

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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09 August 2024 In situations where the original partnership deed is misplaced, but you have been operating the partnership firm and have various records such as PAN, VAT, and GST registrations, there are several steps you can take to address the issue of registering the partnership firm and dealing with the government office requirements:

### Steps to Address the Issue

1. **Reconstruct the Partnership Deed**:
- **Draft Deed**: Since you have a draft of the partnership deed in MS Word, you can use this as a basis to reconstruct the deed. Ensure that this draft reflects the terms and conditions agreed upon by the partners.
- **Update Details**: If there have been any changes in the terms or the partnership structure since the original deed, make sure these changes are accurately reflected in the reconstructed deed.

2. **Prepare a Fresh Partnership Deed**:
- **New Partnership Deed**: Prepare a new partnership deed based on the draft. Include all essential details such as the name of the firm, partners’ names, their capital contributions, profit-sharing ratios, and other terms.
- **Signatures**: All partners should sign the new deed.

3. **Affidavit Regarding the Loss**:
- **Affidavit**: Prepare an affidavit declaring the loss of the original partnership deed. This affidavit should be signed by all partners and notarized. The affidavit should detail the circumstances of the loss and affirm the authenticity of the draft deed.
- **Notarization**: Get this affidavit notarized by a notary public.

4. **Register the Partnership Deed**:
- **Registration**: Take the newly prepared and signed partnership deed along with the affidavit to the relevant local registrar or government office for registration. Follow the procedure as required by local laws.
- **Documents**: Typically, you will need to submit the following documents:
- **Original and Duplicate**: The newly prepared partnership deed.
- **Affidavit**: Notarized affidavit regarding the loss of the original deed.
- **PAN and GST Registration Proof**: Copies of PAN, GST registration, and other relevant documents.
- **Address Proof**: Proof of address of the firm.
- **Identity Proof**: Identity proof of the partners.

5. **Notify Relevant Authorities**:
- **Update Records**: Notify relevant authorities such as the tax department, GST authorities, and other regulatory bodies about the updated partnership deed and the registration status. This will help ensure that all records are current and accurate.

6. **Maintain Proper Documentation**:
- **File Documents**: Keep copies of the newly prepared deed, the affidavit, and any correspondence with the authorities securely. Consider keeping both physical and digital copies to prevent future issues.

### Additional Considerations

- **Consult a Professional**: Given the legal and regulatory implications, it may be advisable to consult with a legal professional or a chartered accountant who can provide guidance tailored to your specific situation and jurisdiction.
- **Legal Validity**: Ensure that the new partnership deed complies with all legal requirements and accurately reflects the partnership’s terms and conditions.

By following these steps, you can address the issue of the missing original partnership deed and ensure that your firm is properly registered and compliant with all legal requirements.