Partnership Firm Registration

Understnding the pros & cons of registering a Partnership Firm. Leaning the nature of liabilities of a partnership firm for all the partners. 

Partnership Firm Registration

A Partnership Firm is a business structure where two or more individuals agree to share the profits and liabilities of a business carried on by all or any of them acting for all. It is governed by a mutual agreement called a Partnership Deed. Partnership Firm Registration process, particularly under the Indian Partnership Act, 1932. This guide covers types, legal requirements, documents, cost, and procedures for registering a Partnership Firm in India.

As per section 4 of the 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. Persons who have entered into a 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”.

Types of Partnerships  

  • General Partnerships
  • Limited Liability Partnerships

Characteristics of General Partnerships

A Partnership Firm is a popular and traditional form of business organization where two or more individuals agree to share profits, responsibilities, and liabilities of a jointly owned business.

1. Agreement between Partners

  • The foundation of a partnership is a mutual agreement—oral or written—between two or more persons.
  • This agreement is usually formalized in a Partnership Deed, which outlines:

                         - Profit-sharing ratio
                         - Duties of partners
                         - Capital contribution
                         - Rules for admission, retirement, etc.
The agreement defines the nature of the relationship and operational rules.

2. Minimum Two Partners Required

  • A partnership firm must have at least two partners.
  • The maximum number of partners is:

              - 50 in India (as per Companies Act, 2013 Rule)
              - If the number falls below two, the firm is automatically dissolved.

3. Profit and Loss Sharing

  • Partners share profits and losses in the ratio agreed upon in the Partnership Deed.
  • If no ratio is specified, profits (and losses) are shared equally, by default.

4. Unlimited Liability

  • In a traditional partnership firm, the liability of each partner is unlimited.
  • Partners are personally liable for the debts and obligations of the firm.

5. Mutual Agency

  • Every partner acts as both:

           - An agent of the firm (can bind the firm in contracts)
           - A principal (bound by acts of other partners)

6. No Separate Legal Entity

  • A partnership firm is not a separate legal entity from its partners.
  • The firm and the partners are legally treated as one and the same.

 

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