Procedure for Changes/ Amendments in the Constitution of Registered Partnership Firm
The law relating to a partnership firm is contained in the Indian Partnership Act, 1932.Under Section 58 of the Act, a firm may be registered at any time (not merely at the time of its formation but subsequently also) by filing an application with the Registrar of Firms of the area in which any place of business of the firm is situated or proposed to be situated.
Under Section 59 of the Act, when the Registrar of Firms is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.
But During the course of the business, some situation may arise like:
1. The Place of business may change
2. The Partners may decide to change the name of the Firm
3. There may be admission of new partners in the Firm
4. The old partners may resign or leave from the Firm
5. There may be change in the name and permanent address of the partners
6. The minor Partner entered at time of constitution of firm may get the majority etc.
So, in all above such cases, the Partners are bound to inform the Registrar of Firms about such changes in the Partnership Firm. Consequent to which they are to draft a new Partnership Deed as per the changes and to file again the application along with required documents to the Registrar of Firms with the applicable fees.
Who will inform the Registrar of Firms about such changes in the Constitution of the Firm
Change in the constitution of the firm and its dissolution [Section 63(1)]
When change occurs in the constitution of the firm, any of the new, continuing or the outgoing partner, while when a registered firm is dissolved, any person who was a partner immediately before the dissolution or the agent of any such partner or person specially authorized on his behalf, may give notice of such a change to the Registrar, specifying the date thereof.
Under Section 63(2), when a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, he or his agent specially authorized in this behalf, may give notice to the Registrar that he has or has not become a partner.
Accordingly, the various forms prescribed under the Indian Partnership Act, 1932, for the alterations in the registered partnership firm are:-
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The following forms as prescribed under I.P. Act 1932 accepted for various amendment in original Form-A and Form-C. |
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S. No. |
Form No. |
Purpose |
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1. |
For change of principle place of business & change in the name of the firm. |
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2. |
For change of the other then principle place of business. |
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3. |
For change of name of the partners & permanent address of the partners. |
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4. |
For change of constitution of forms & addition or retirement of partner. |
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5. |
For dissolution of the firm |
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6. |
For minor partner attains the age of majority. |
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Procedure for Changes in the Constitution of the Firm:
1. Draft a new Partnership Deed as per the changes in the constitution of the Firm
2. Fill Form in Capital Letters in Form No. (As given above as per the requirement)
3. Pay the Challan Fees with the respective Bank
4. Submit the application with the concerned Registrar of Firms of the State along with following Documents:
(i) Xerox copy of Old Partnership Deed (Drafted at time of Constitution of Firm), duly attested by the Notary of concerned town where the Registered Office of the Firm is situated.
(ii) Xerox copy of New Partnership Deed (Drafted at time of Changes in the Constitution of Firm), on a Stamp Paper of Rs. 1000 (Stamp Paper of Rs. 1000 applicable In Punjab as per the State Stamp Act) duly attested by the Notary of concerned town where the Registered Office of the Firm is situated.
(iii) ID Proofs of all the partners, along with the new admitted partners, if any, duly attested by Notary, Gazetted Officer or any Professional like CA/CS/CWA.
(iv)Passport size photographs of all the partners along with the new admitted partners, if any.
(v) Copy of Receipt Challan (Form PTR 16 Rule 107 of PTR Volume 1) deposited in the Bank.
(vi) Ownership proof of the new place of business, if place of business has been changed
(vii) The Xerox copies of Certificate A and C, issued at time of constitution of the Firm, duly attested by Notary, Gazetted Officer or any Professional like CA/CS/CWA.
After the application is submitted with the Registrar of Firms, the Registrar will look after the application and when the Registrar of Firms is satisfied that the application is complete in all respects and the applicant have duly complied all the provisions of the act, he shall record an entry of the statement in the Register of Firms and issue a Certificate A and Certificate D stating the Changes in the Partnership Firm.
Regards
CS Mohit Saluja
Practicing Whole Time Company Secretary
2nd Floor, Malhotra Complex, Sehdev Market,
Jalandhar, Punjab-144001
Email id: csmohitsaluja@gmail.com
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