Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Partnership Firm Registration in Lucknow
Registering a firm with the Registrar of Firms, and understanding what registration does and does not give you.
Business Registration
What this covers
A partnership comes into existence by agreement, not by registration. Registration under the Indian Partnership Act, 1932 is a separate step, made with the Registrar of Firms, and it is not compulsory. What makes it important is what an unregistered firm cannot do: the Act places real disabilities on an unregistered firm, most significantly in enforcing contractual rights through the courts.
That is why registration and the deed belong together. The particulars registered are drawn from the deed, and a deed that is vague about the firm's name, its place of business, the date it commenced or the partners' shares produces an application that has to be reworked. Getting the deed right first is the shorter route.
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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People starting a firm together
You are going into business jointly and want the firm registered from the outset.
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Existing unregistered firms
The firm has been trading on an understanding, or on an unregistered deed, and now needs registration.
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Firms being reconstituted
A partner is joining or leaving and the registered particulars have to follow.
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Firms that have found the disability
A claim cannot be pursued because the firm is unregistered.
Scope
Assistance available
- Advice on whether a partnership is the appropriate form for the business
- Drafting the partnership deed, or revising an existing one so that it supports registration
- Preparing and filing the application for registration with the Registrar of Firms
- Recording changes in the registered particulars on reconstitution, change of name or change of place of business
- Advice on the consequences of remaining unregistered, and on registering a firm already trading
- Coordination on the tax registrations the firm will need 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 among the partners
Capital, sharing, management, authority to bind the firm, and the machinery for retirement, death and dissolution.
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Step 02
Drafting and executing the deed
Stamped as applicable to the instrument, and executed by all the partners.
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Step 03
Preparing the application
The registered particulars are drawn from the deed so that the two are consistent.
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Step 04
Filing with the Registrar of Firms
With the deed and the supporting proofs, and responding to any query raised.
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Step 05
Following through
The registration particulars are checked once entered, and the tax registrations the firm needs are taken up.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- The partnership deed, executed and stamped
- Permanent account number and identity and address proof of every partner, with photographs
- Proof of the firm's principal place of business, such as an ownership document or rent agreement
- The proposed name of the firm and the date on which the business commenced
- Details of the capital contributed and the profit-sharing ratio
- Authorisation of the partner making the application
Cautions
Common mistakes
- Trading unregistered and discovering it during a disputeThe disabilities attaching to an unregistered firm are usually found at the moment a claim has to be enforced, which is the worst time to find them.
- A deed inconsistent with the applicationWhere the deed and the registered particulars differ, the difference has to be corrected before it causes a problem.
- Leaving out the commencement dateThe date the business began is part of the particulars and is worth recording accurately.
- Not updating on reconstitutionA change in partners that is never recorded leaves the register showing a firm that no longer exists in that form.
- Choosing a name without checkingName restrictions apply, and a name that cannot be registered means starting the application again.
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
No. But an unregistered firm is under real disabilities under the Indian Partnership Act, 1932, particularly in enforcing contractual rights through the courts. For a firm that intends to trade and to hold others to their agreements, registration is generally the prudent course.
Registration of an existing firm is possible, and the application records the date the business commenced. Whether registering now cures a difficulty that has already arisen is a separate question, and it should be taken up specifically.
Government fees and processing are set by the authority and vary, so no figure or period is stated here. What is quoted separately, and agreed in advance, is the professional charge for the drafting and the application.
A firm is a separate assessee for income-tax purposes and will need its own permanent account number. Whether GST registration is required depends on the nature and volume of supply, and is assessed against the current position.
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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