Agency Registration Process Below The Partnership Act
a. The agency registration could also be handed at any time by delivering or by sending by put up to the registrar of the locality. Which any space of enterprise of the agency is proposed to be located or positioned. A press release within the prescribed type. b. It’s not important that the agency must be registered from the start. When the companions determine to get the agency registered. As per the provisions of part 58 of the partnership Act. They should file the assertion within the prescribed type. c. The assertion should be accompanied by the prescribed payment stating (i) the agency’s identify (ii) the principal office, (iii) the names of its different locations of enterprise (iv) the date of becoming a member of of every companion, (v) the everlasting handle of the companions (vi) the names in full and (vii) the length of the agency. The identical case is to be signed by their agent or all of the companions by notably licensed on this behalf. Each companion so signing it shall additionally confirm within the prescribed method. d. Attested partnership deed is required to be submitted 1 of utility on the time of registration. e. Registration below the Indian Partnership Act just isn’t obligatory within the sense. The one impact of non registration is that no go well with may be instituted by or on behalf of a agency. Ref. Part 69 of Partnership Act 1932). Due to this fact, registration although not obligatory is advisable. As soon as a registration is obtained all the following modifications are required to be intimated to the Registrar. Agency registration is crucial. If the agency has to sue in its personal capability as a agency.
f. Nature of enterprise must be talked about exactly and never in a summarized type. It’s advisable to breed the article clause in partnership deed. Names of the companions must be written in full. g. Date of becoming a member of must be appropriately written; i.e., the date of becoming a member of and never the date of execution of the Partnership deed. h. Period must be as per partnership deed. In case, a partnership deed is silent in regards to the length of the partnership, then it must be talked about as, “AT WILL” within the type of utility. i. Particulars of minors and date of accomplishing majority particularly must be verified earlier than submission. j.It’s noticed that names of signatories are usually not written whereas signing the varieties together with the signatures of the respective companions. It’s, subsequently obligatory to jot down the identify of the companion ideally in capital letter adjoining to the signature and be sure that the date is an identical with the date of notarization. ok. Title of the Agency : At all times write appropriate identify, ideally in daring letters. It must be an identical to that which is talked about within the deed of partnership. l. Date of stamp papers : It must be ensured that in execution of Partnership deed. The date of execution of the deed and efficient date of partnership are correctly specified. The date of execution can by no means be previous to the date of the stamp paper. For instance, companions might enter right into a partnership efficient from 1st April. But when the deed of partnership is executed on 10th April, in such a scenario, the companions should state that the deed is executed on 10th April. m. Stamp paper used for any doc in case of a agency should be within the identify of any companion. n. Notarization of doc: The date of signing of varieties by companions and date of attestation of the mentioned doc by a notary must be an identical. o. Deal with of the agency : The handle as is talked about within the partnership deed be an identical with that talked about within the varieties. Brief varieties or abbreviations must be prevented.