Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Partnership Deed and Firm Registration in Lucknow
The deed and the registration handled as one exercise, rather than as two that have to be reconciled afterwards.
Business Registration
What this covers
These are usually treated as separate jobs and that is where the friction comes from. A deed is drafted, often from a template; the firm is then taken for registration; and the registered particulars turn out not to match what the deed says about the firm's name, its place of business, the date of commencement or the partners' shares. The correction is then made under time pressure, in whichever document is easier to change rather than whichever is right.
Doing both together avoids that entirely. The particulars that will be registered are settled while the deed is being drafted, so the two are consistent by construction. It also allows the deed to be drafted with registration in view — recording the matters the Registrar will want stated, and stating them in the form the application will use.
Scope of assistance
What this work involves, and what it does not
Different parts of a matter of this kind are different kinds of work. This is how they divide.
- Legal advisoryAdvice on the legal position, the options open and the consequences of each.
- Document draftingPreparation and review of the agreements, deeds and written replies the matter requires.
- Registration assistanceAssembling the application and its supporting documents, filing it with the authority and answering queries raised on it.
- Coordination with other professionalsWhere a matter requires audit, or a certificate or filing that only a specified professional may sign, it is coordinated with a chartered accountant or company secretary.
Nothing on this page is an offer to audit accounts or to issue any certificate that only a chartered accountant or company secretary may issue. No professional designation is claimed for anyone at the firm beyond enrolment as an advocate, and no undertaking is given that any particular person will certify, audit or appear in a given matter.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
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New firms
You are starting a partnership and want the deed and registration done as one exercise.
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Firms with a deed but no registration
A deed exists and the firm now needs registering, which may require the deed to be revised.
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Firms being reconstituted
A partner is joining or leaving and both the deed and the registered particulars must follow.
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Firms with inconsistent records
The deed and the register do not agree and the position needs correcting.
Scope
Assistance available
- Drafting the partnership deed with the registration particulars settled at the same time
- Revising an existing deed so that it supports an application for registration
- Preparing and filing the application with the Registrar of Firms
- Reconstitution deeds together with the corresponding change in the registered particulars
- Correcting inconsistencies between an existing deed and the register
- Coordination on the tax registrations the firm will require once constituted
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
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Step 01
Settling the terms and the particulars together
Capital, sharing, management and exit, alongside the firm name, place of business and commencement date that will be registered.
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Step 02
Drafting
The deed is drafted so that the particulars it records are exactly those the application will state.
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Step 03
Execution and stamping
Executed by all partners and stamped as applicable to the instrument.
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Step 04
Filing the application
Made with the deed and the supporting proofs, and any query answered.
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Step 05
Checking and following up
The registered particulars are checked once entered, and the firm's tax registrations taken up.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- Identity and address proof, permanent account number and photographs of every partner
- Proof of the firm's principal place of business
- The proposed firm name and the date the business commenced or will commence
- The agreed capital contribution and profit-sharing ratio
- The terms agreed on management, retirement, death and dissolution
- Any existing deed, where the firm is being reconstituted or regularised
Cautions
Common mistakes
- Registering on a template deedA deed that does not reflect what the partners actually agreed is worse than none, because it will be treated as though it does.
- Particulars that differ between deed and registerThe inconsistency surfaces at the point the firm needs to rely on one of them.
- Leaving the exit machinery outIt is the part of the deed that matters most and the part most often omitted.
- Registering and then never updatingChanges in partners or address have to be recorded, or the register ceases to reflect the firm.
- Assuming registration cures a defective deedIt does not. Registration records particulars; it does not improve the agreement behind them.
See also
Related legal and tax services
Reading
Related Guides
General information notes on this area. They are not legal advice.
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
Yes, and ideally with the registration in mind. The application draws its particulars from the deed, so a deed drafted without regard to the particulars that go on the register tends to require correction at the point of filing.
Sometimes. It depends on whether it records the particulars the application requires, and whether those particulars are accurate. It is read before the application is prepared rather than after a query is raised.
The deed should provide the machinery for it, and a reconstitution deed is executed. Where the firm is registered, the change in particulars should also be recorded, or the register will continue to show a firm that no longer exists in that form.
A deed is an instrument and attracts stamp duty under the schedule applicable in the State. The amount depends on the instrument and the State's current position, so it is confirmed before execution rather than stated here.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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