Partner, Partnership Firm and Partnership Firm Name
Partnership firm is a business entity which has been created by persons who have agreed to share the profits and losses in a predetermined ratio of a business. Get your Partnership Firm registered at nominal costs from TaxHelpdesk!
Package of Partnership Firm includes
– Free Consultation on selection of name of Partnership Firm
– Registration fees
– Drafting of Partnership Deed
– Applying for Firm’s PAN
– Opening of current account in bank
Overview of Partnership
As per Section 4 of Indian Partnership Act, 1932 “Partnership” is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.” Therefore, partnership firm is a business entity which has been created by persons who have agreed to share the profits and losses in a predetermined ratio of a business.
Partner, Partnership Firm and Partnership Firm Name
As per the governing Act, partner has been defined as persons who have entered into partnership with one another are called individually, “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm-name”.
Note:
A partner must be of sound mind and should have reached the age of majority. However, a minor can be admitted to the benefits of the partnership.
What are the various types of Partnership?
Under the governing Act of 1932, partnership are of following types:
Partnership at Will and Particular Partnership: As per Section 7 of the Act, where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is known as “partnership-at-will”. On the other hand, Section 8 of the Act defines Particular Partnership as a partnership which is carried for particular adventures or undertakings.
Registered Partnership and Unregistered Partnership:- The Act does not mandate compulsory registration of the partnership firm. The Act does not attract penalty if the firm is not registered. However, the partner of unregistered firm cannot file a suit in the court. No suit can be filed in the court by or on behalf of a firm against any third to enforce a right arising from an agreement, unless the firm is registered. Also, an unregistered firm or any of its partners cannot claim set off or other proceedings in a dispute with the third party.
Details of documents required for Partnership Firm Registration
Following are the documents required for the registration of Partnership Firm:
– Details of the name of the firm
– Address of the place of the business
– Full name of the partners
– Full address of the partners
– Identity proof of the partners
– No Objection Certificate from the landlord, where the firm is situated
– Date on which each partner joined the firm
– Duration of the firm
– Partnership Deed
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