A partnership deed registration is the princess through which partners authorise and have their deed notarized by a public notary. In this article, we will take a look at how to register a partnership deed in Maharashtra.
Introduction
Due to their simplicity in the establishment and low compliance demands, partnership businesses have been fairly popular in recent years. Drafting and notarizing a partnership firm is one of the most crucial steps in creating a partnership company. This is because the partnership deed acts as a contract between partners, outlining the terms, conditions, and specifics of the partnership. The partnership deed is therefore the most crucial document necessary to form a partnership business. read more to know how to register Partnership Deed In Maharashtra.
Overview of Partnership Deed Registration
A partnership deed is an agreement between two or more partners that defines all aspects of the firm. The deed includes information regarding the firm’s name and address, as well as the nature of the business. Furthermore, the deed specifies the capital contribution of each partner as well as the profit-sharing ratio that will be applied.
The deed also includes information on all partners and the procedure to be followed if a partner dies, retires, or if the firm chooses to add or remove a partner.
Documents Required for Partnership Deed In Maharashtra Registration
- A true copy of the partnership deed, certified by either a CA or advocate
- Marathi translation of the partnership deed, certified by either a CA or advocate
- Moreover, blank stamp paper worth ₹ 10 in the firm’s name
- Authorization letter signed by all partners in case an advocate or CA is submitting the documents.
- Moreover, a cover letter with a court fee stamp worth ₹ 5
- Demand Draft worth ₹ 1600 in favor of the Registration of Firms in your Area. Make sure to include a partner’s name and phone number behind the DD. In case the payment was made online, a copy of the online payment receipt.
- Additionally, in case one of the partners is a company, then the company’s memorandum and articles of association.
- In case one of the partners is a Trust, then a copy of the trust deed.
- Further, in case the business requires additional licenses, copies of such trade licenses.
- Address/ownership proof of the registered place of business
Partnership Deed In Maharashtra
Initially, partnership registration in Maharashtra was a largely tedious process for which partners had to personally approach the Registrar of Firms. However, of late, the process has been transferred to an online portal to improve accessibility and ease of business.
Following online registration, the partners must submit physical copies of the above-mentioned documents to a Registrar’s office.
Now, let’s have a quick look at the process of partnership firm registration in Maharashtra;
- Visit the official website of the Registrar of Firms.
- Create a new user ID and profile for yourself.
- Choose between ‘Advocate’ and ‘Individual’.
- Next, provide the required details, such as name, address, contact details, and password.
- Next, use your activation link to log in and complete the process of registration.
- From the home page, go to the ‘Management tab and click on ‘Raise Form A.’
- Duly fill out the registration form and ensure that the Marathi column is filled appropriately.
- Next, scan and upload copies of all your supporting documents and click on ‘Submit.’
- Next make the required fee payment via any of the following options: Wallet, Net Banking, Credit/ Debit Card, or IMPS.
- Further, take a printout of the registration Form A on any Green Ledge paper.
- Notarise and sign the application form and upload it onto the website, along with details of the public notary who authorized it.
- Lastly, submit the attested form and the rest of the supporting documents to the office of the Registrar.
- The executive at the office will conduct a preliminary verification of your application.
- Once they give the go-ahead, submit all the documents to an officer to complete the process.
- Thereafter, you will receive an acknowledgment slip which you may use to check the status of your request.
Checklist for Partnership Firm Registration in Maharashtra
- Creation of the Partnership Deed.
- Requires a minimum of two partners.
- Limits membership to a maximum of twenty partners.
- Choosing a suitable business name.
- Designating the principal place of business.
- Obtaining a PAN card and establishing a bank account for the firm.
Stamp Duty for Partnership Deed in Maharashtra
The stamp duty in Maharashtra and the selection of stamp paper for partnership firm registration depend on the fixed capital of the firm. The break-up is as follows –
- If there is no sharing of contribution and the amount does not exceed INR 50,000, a stamp duty of ₹ 500 is applicable
- If the fixed capital paid in cash is more than ₹ 50,000, stamp duty which is the lesser of 1% of the capital or ₹ 15,000 is applicable.
- When share contribution also includes property: Stamp duty is levied as per clause (a), (b), or (c), of Article 25 of the Maharashtra Stamp Act. Such stamp duty in Maharashtra depends on the market value of the property.
Address of Registrar Offices in Maharashtra
| Sl. No. | Area | Office Address |
| 1 | Aurangabad / Jalna / Hingoli / Beed Parbhani / Nanded / Osmanabad / Latur Nashik / Dhule / Jalgaon / Nandurbar |
Assistant Registrar of Firm, Aurangabad Office No 101, In front of M.T.D.C. Holiday Camp, Station Road, Aurangabad 431 005 |
| 2 | Nagpur / Amravati / Buldhana / Akola Washim / Yavatmal / Chandrapur Gadchiroli / Gondia / Bhandara / Wardha |
Assistant Registrar of Firms, Nagpur. 118, Old Sachivalaya Building, Civil Lines, Nagpur-440 001 |
| 3 | Pune / Satara / Sangli / Kolhapur / Solapur / Ahmednagar |
Assistant Registrar of Firms Survey No. 47/30, Saraswati Parvati Bhavan, 2nd Floor, Behind Lokesh Hotel, Aranyeshwar Corner, Pune Satara Road, Pune-411 009 |
| 4 | Mumbai / Mumbai(Suburban) / Thane / Ratnagiri / Raigad / Sindhudurg |
Registrar of Firms New Administrative Building, 6th Floor, Near Chetna College, Govt. Colony, Bandra (East), Mumbai- 400 051 |
Conclusion
Don’t worry if it all seems a little too confusing, as we’ve got you covered.
Once you connect with Vakilsearch, we will answer all your queries and share the partnership agreement’s first draft within 4 working days. We do up to two rounds of iterations, if necessary, at no extra cost.
Once the partnership deed is ready to go, we will apply for registration on your behalf and follow up with the authorities until you get your certificate of registration.
Frequently Asked Questions
Who can register a Partnership Deed in Maharashtra, and what are the eligibility criteria?
Any two or more individuals or entities planning to engage in a business venture can register a Partnership Deed in Maharashtra. There are no strict eligibility criteria, but partners must have the legal capacity to enter into a partnership.
What information and details should be included in the Partnership Deed for registration in Maharashtra?
The Partnership Deed for registration in Maharashtra should include details such as the firm's name, nature of the business, names and addresses of partners, profit-sharing ratios, capital contributions, and other essential terms agreed upon by the partners.
Is there a specific format or template recommended for drafting a Partnership Deed for registration purposes?
While there is no mandated format, it is advisable to follow a standard template that includes all necessary clauses. Drafting should align with the provisions of the Indian Partnership Act, 1932, ensuring completeness and legality.
Where should individuals or businesses go to register a Partnership Deed in Maharashtra, and what is the process?
To register a Partnership Deed in Maharashtra, individuals or businesses should visit the office of the Registrar of Firms. The process involves submitting the deed along with the prescribed form and fees, after which the registrar verifies the details and records the partnership.
Are there any fees or charges associated with the registration of a Partnership Deed, and how are they calculated?
Yes, fees are associated with Partnership Deed registration in Maharashtra. The charges are calculated based on the capital contribution of the partners. It's essential to check the current fee structure with the Registrar of Firms.
What documents and identification proofs are required for the partners during the registration process?
Partners need to provide address proofs, PAN cards, photographs, and other identification documents as specified by the Registrar of Firms in Maharashtra. These documents verify the identity and address of the partners.
Is there a timeline or specific period within which a Partnership Deed must be registered in Maharashtra?
While there is no strict timeline, it is advisable to register the Partnership Deed promptly after its creation. Early registration ensures legal recognition and protects the rights and interests of the partners.
Can amendments or changes be made to a registered Partnership Deed, and what is the procedure for such modifications?
Yes, amendments can be made to a registered Partnership Deed in Maharashtra. Partners need to execute a supplementary deed detailing the changes. This document should be submitted to the Registrar of Firms for recording and updating the official records.
What benefits or legal implications arise from registering a Partnership Deed in Maharashtra for the partners and the business?
Registering a Partnership Deed in Maharashtra provides legal recognition to the partnership, facilitating easier resolution of disputes and enhancing credibility. It also allows partners to avail themselves of certain tax benefits and ensures compliance with legal requirements, contributing to the overall stability and legality of the business.
