Partnership Firm

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 April 2011 Please Tell Is There any requirement to get firm Registered under Registrar of Firm.

If Yes Please tell what is the procedure to get the firm registered under Registrar of Firm.

Mandar

Mandar (Expert)
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26 April 2011 Reginstration of a partnership firm is not mandatory. Any registration of partnership firm has to be made with Registrar of firms. For your information Sec 69 of the Act is extracted.

Sec 69 : Effect of non registration.

1) No suit to enforce a right arising from a contract or conferred by this Act shall be Register of Firms as a partner in the firm : Provided that the requirement of registration of firm under this sub-section shall notapply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for accounts of the firm or to realise the property of (2) No suit to enforce a right arising from a contract shall be instituted in any courtby or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the (2A) No suit to enforce any right for the dissolution of a firm or for accounts of a issolved firm or any right or power to realise the property of a dissolved firm shallbe instituted in any Court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or have been a partner in the firm, unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm :

Provided that the requirement of registration of firm under this sub-section shall not apply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for accounts of a dissolved firm or to realise the property of a dissolved firm.

(3) The provisions of sub-sections (1), (2) and (2A) shall apply also to a claim of set-off or other proceedings to enforce a right arising from a contract but shall not affect

(a) the firms constituted for a duration upto six months or with a capital upto two thousand rupees; or;

(b) the powers of an official assigned, receiver or Court under the Presidency Towns Insolvency Act, 1909, or the Provincial Insolvency Act, 1920, to realise the property of an insolvent partner.

(4) This section shall not apply

(a) to firms or partners in firm which have no place of business in the territories to which this Act extends, or whose places of business in the said territories are situated in areas to which, by notification under section 56 this Chapter does not apply, or

(b) to any suit or claim of set-off not exceeding one hundred rupees in value which, in the presidency towns, is not of a kind specified in section 19 of the Presidency Small Cause Courts Act, 1882, or outside the Presidency towns, is not of a kind specified in the Second Schedule to the Provincial Small Cause Courts Act, 1887, or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.