Partnership is simple to form and manage compared to company and LLP. However there are requirement of filing various forms in case of change in address, addition / removal of partner, change in firm name or business place etc. The article give you a tabular presentation of requirement for filing forms in Maharashtra State with time limit, documentation, section of Act, Filing fees and Penalties
|
Subject |
Registration of Partnership Firm |
|
Form No |
A |
|
Time Limit |
1 year |
|
Section |
58(1) & (1A) |
|
Enclosures |
1. Forwarding letter with Rs. 5 court fee stamp 2. Rs. 10 Non judicial stamp paper 3. Copy of partnership deed certified by C.A./Adv. 4. Marathi translation of Partnership deed duly certified by C.A./Adv. |
|
Filing Fees |
1500 |
|
Other Charges |
100 |
|
Penalties |
Rs. 100/- year or part thereof |
|
Document and Stamp Duty Amount |
Instrument of Partnership 1. Rs.500 for no share of contribution or share contribution in cash of Rs.50000 or part thereof subject to a maximum of Rs. 5000 3. For share of contribution brought in by way of property (excluding cash, --- same duty will be leviable as on conveyance on the market value of the property (For rates, refer Scheduled of Bombay Stamp Act) |
|
Subject |
Change in Principal Place/ nature of business / firm name |
|
Form No |
B |
|
Time Limit |
90 Days |
|
Section |
60(1) |
|
Enclosures |
1. Forwarding letter with Rs. 5 court fee stamp 2. Rs. 10 Non judicial stamp paper 3. Copy of proof duly certified by C.A./Adv. |
|
Filing Fees |
1000 |
|
Other Charges |
200 |
|
Penalties |
Up to Rs. 10/ day |
|
Document and Stamp Duty Amount |
Proof for date of change like certified copy of possession letter, Sale Deed, Leave License Agreement or copy of Supplementary Deed. |
|
Subject |
Opening and closing of branches |
|
Form No |
C |
|
Time Limit |
90 Days |
|
Section |
61 |
|
Enclosures |
1. Forwarding letter with Rs. 5 court fee stamp 2. Rs. 10 Non-Nonjudicial stamp paper 3. Copy of proof duly certified by C.A./Adv. |
|
Filing Fees |
1000 |
|
Other Charges |
200 |
|
Penalties |
69A |
|
Document and Stamp Duty Amount |
Proof for date of change like certified copy of possession letter, Sale Deed, Leave License Agreement or copy of Supplementary Deed. |
|
Subject |
Change in the name (person/limited company and address of the partner) |
|
Form No |
D |
|
Time Limit |
90 Days |
|
Section |
62 |
|
Enclosures |
1. Forwarding letter with Rs. 5 court fee stamp 2. Rs. 10 Nonjudicial stamp paper 3. Copy of proof duly certified by C.A./Adv. 4. Certified copy of Government Gazette or Certificate of R.O.C. |
|
Filing Fees |
1000 |
|
Other Charges |
200 |
|
Penalties |
Up to Rs. 10/day |
|
Document and Stamp Duty Amount |
Copy of Supplementary Deed if any |
|
Subject |
Change in Constitution-Admission/Retirement/Dissolution/ Death of Partner/minor partner |
|
Form No |
E |
|
Time Limit |
90 Days |
|
Section |
63 |
|
Enclosures |
1. Forwarding letter with Rs. 5 court fee stamp 2. Rs. 10 Nonjudicial stamp paper 3. Copy of partnership deed certified by C.A./Adv |
|
Filing Fees |
1000 |
|
Other Charges |
200 |
|
Penalties |
Up to Rs. 10/day |
|
Document and Stamp Duty Amount |
(a) Instrument of Partnership on reconstitution of the firm: Stamp duty as under Sr.No.1 (b) Instrument of Dissolution/Retirement on Rs. 200/- (Please refer Bombay Stamp Act) |
|
Subject |
Minor attaining majority and elects to become/ not to become a Partner |
|
Form No |
F |
|
Time Limit |
90 Days |
|
Section |
63(2) |
|
Enclosures |
1. Forwarding letter with Rs. 5 court fee stamp 2. Rs. 10 Nonjudicial stamp paper 3. Copy of partnership deed certified by C.A./Adv 4. If minor is retiring in age of minority then Affidavit of Guardian in support of retirement |
|
Filing Fees |
1000 |
|
Other Charges |
200 |
|
Penalties |
Up to Rs. 10/day |
|
Document and Stamp Duty Amount |
- |
|
Subject |
Rectification |
|
Form No |
- |
|
Time Limit |
- |
|
Section |
64(2) |
|
Enclosures |
An application for Rectification and Documentary Proof |
|
Filing Fees |
1000 |
|
Other Charges |
200 |
|
Penalties |
- |
|
Document and Stamp Duty Amount |
Documentary proof of Rectification. |
|
Subject |
Inspection of Register |
|
Form No |
- |
|
Time Limit |
- |
|
Section |
66(1) |
|
Enclosures |
1. An application for Inspection |
|
Filing Fees |
100 |
|
Other Charges |
- |
|
Penalties |
- |
|
Document and Stamp Duty Amount |
- |
|
Subject |
Inspection of documents |
|
Form No |
- |
|
Time Limit |
- |
|
Section |
66(2) |
|
Enclosures |
1. An application for Inspection |
|
Filing Fees |
100 |
|
Other Charges |
- |
|
Penalties |
- |
|
Document and Stamp Duty Amount |
- |
|
Subject |
Certified copy |
|
Form No |
- |
|
Time Limit |
- |
|
Section |
67 |
|
Enclosures |
1. An application for certified copy 2. Non-judicial Stamp Paper of Rs. 10/- 3. Rs.5/- Court Fee stamp |
|
Filing Fees |
Rs. 100/100 words or part thereof |
|
Other Charges |
- |
|
Penalties |
- |
|
Document and Stamp Duty Amount |
- |
|
Subject |
Appeal against refusal by registrar to register the firm under a particular name |
|
Form No |
Plain paper |
|
Time Limit |
30 Days |
|
Section |
58(4) |
|
Enclosures |
1. Copy of order appealed against 2. Copy of receipt |
|
Filing Fees |
1000 |
|
Other Charges |
|
|
Penalties |
|
|
Document and Stamp Duty Amount |
Appeal is to be filed before the Competent Authority, Law and Judiciary Department, Mantralaya,.Mumbai –400 032 |
SOME IMPORTANT POINTS TO BE REMEMBERRED TO AVOID OBJECTIONS FROM REGISTRAR OF FIRM IN RESPECT OF FORMS FILED.
1. For Online filing CA/Adv need to create New ID for every Firm.
2. Write full Name with correct spellings in Deed of Partnership and on all the Forms
3. Stamp paper must be in the name of firm or partners.
4. If change in constitution is simultaneous with change in address, both Forms E & B or D are required to be filed.
5. Change in Karta is of HUF is required to be intimated in Form E. In case Death of Karta Form E has to be submitted.
6. Date of filling of documents must be within one month of such notarization.
7. Check date of stamp paper, date of execution of deed and effective date of partnership deed.
8. In case of change in name and also the change in address of the lady partner if occurs on account of marriage then Form D is required to be filed along with attested copy of Marriage Certificate which should necessarily contain changed name and address both.
9. Ensure that the Seal of Notary is put with Red ink and initials of Notary on all pages of the document or form, which is notarized. Name and Address stamp of the Notary on the notarized document or form, along with serial number in the Notary Register of the document being notarized.
10. Rectification application filed under section 64, requesting correction of error signatures of all existing partners are necessary on the application.
11. Letter of authority to appear before the Registrar of Firms for personal hearing can be signed by any one of the existing partners.
12. The stamp paper which is used for execution of Deed of Partnership should be dated within 6 months of the date of issue of such stamp paper. This provision is effective from 1-12-1989.
13. Any particular business requiring License to carry out the business the copy of License is to be submitted along with the submission. If License is not obtained then a Undertaking in Affidavit form signed by all the partners should be submitted.
14. The business like Petrol Pump/L.P.G.Gas/Kerosene, Ration Shop/Liquor requires the permission of Licensing authority to carry out business in partnership. In such a cases Copy of License is mandatory.
15. If Deed is not duly stamp or in other case if six month has been lapsed after the execution of deed then in such cases the deed is required to be Adjudicated by the Stamp Authority.
16. If application is submitted through C.A. or Advocate or any third party other than the firm itself then a Authority letter signed by all the partners is required to be submitted along with the application.
For any query you can write to Chirag@cachauhan.in . Before making any decisions do consult your Professional / tax advisor. Author does not take any responsibility for misrepresentation or interpretation of act or rules. Neither the author nor the firm accepts any liability neither for the loss or damage of any kind arising out of information in this document nor for any action taken in reliance there on.
CAclubindia
