The document discusses the registration and dissolution of partnership firms in India under the Indian Partnership Act of 1932. It provides details on:
1) The registration procedure for a partnership firm, which involves submitting a statement to the registrar with information like the firm name, addresses, dates partners joined, and duration of the firm.
2) The effects of non-registration, which can limit a firm's ability to file suits.
3) The various ways a firm can be dissolved, including by court order, agreement, operation of law, or notice.
4) The differences between dissolution of a partnership versus dissolution of a partnership firm, with the latter involving closing the business.
2. Registration of a partnership firm
Partnership firms in India are governed by the Indian
Partnership Act, 1932. While it is not compulsory to
register your partnership firm as there are no penalties
for non-registration
3. Procedure for registration
The registration of a firm may be effected at any time by sending the
post or delivering to the registrar of firms of the area in which any
place of business of the firm is situated or proposed to be situated, a
statement in the prescribed form and accompanied by the prescribed
fee, stating:â˘
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The firm name
The place or principal place of business of the firm
The names of any other places where the firm carries on business
The date when each partner joined the firm
The names in full and permanent addresses of the partners
The duration of the firm
4. Effect of Non-registration
⢠Suits between partners and firm
⢠Suits between firm and third party
⢠Claim of set-off
6. ⢠Alteration
A statement or intimation is to be sent to the registrar
of firm
⢠Penalty for false particulars
⢠Inspection of register of firms and documents and
grant of copies
⢠Rules of evidence
7. Dissolution of a Firm
⢠Dissolution by Court
ď Insanity of a partner
ď Permanent Incapacity of a partner
ď Conduct affecting Prejudicially the business
ď Breach of partnership agreement
ď Transfer of Interest of A partner
ď Loss
ď Just and Equitable
9. Difference between dissolution of partnership and
dissolution of partnership firm
Dissolution of Partnership
Dissolution of Partnership firm
Only the agreement is dissolved, no
physical disposal takes place
The firm is dissolved, by selling off assets
and settling liabilities
The partners will continue to run the
business with a new agreement
The partners will discontinue the business
Limited effects on the employees or
debtors and creditors of the business
Since the business is closed down it
affects the workers, debtors and creditors
of the firm
Many dissolutions of agreement can take
place during the life of a partnership
business
Dissolution of the firm can take place only
once in the lifetime of a partnership
business
Admission, Retirement or death of a
partner can result in compulsory
dissolution of existing agreement
None of these events can lead to a
compulsory dissolution of the firm
10. Rights of the partners on Dissolution
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To have business wound up after dissolution
Continuing authority of partners for purposes of winding up
Mode of settlement of accounts between partners
Payment of firm debts and of separate debts
Personal profits earned after dissolution
Return of premium on premature dissolution
Right to restraint from use of firm name or firm property
Rights where partnership contract is rescinded for fraud or
misrepresentation