Registration Of Firms Partnership Act

Prepared by Assist. Professor Rekha Khandelwal

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Complete Notes on Partnership Act 1932

Partnership Act, 1932 – Chapter – VII Registration Of Firms

Section – 56. Power to exempt from application of this Chapter. –

 The State Government of any State may direct by notification in the Official Gazette that the provisions of this chapter shall not apply to that State or to any part specified in the notification.

Section 57. Appointment of Registrars. –

(1) The State Government may appoint registrars of firms for the purpose of this Act. And it may also define the areas in which they will exercise their powers and perform their duties.

(2) Each registrar shall be deemed to be a Government servant within the meaning of Section 21 of the Indian Penal Code.

Section 58. Application for registration. –

For registration of a firm any of its partners can apply an application along with the prescribed fee and copy of partnership deed to the registrar of the area in which any place of business of the firm is proposed to be situated or is situated. Such a statement shall be signed by all of its partners. Such a statement should contain:

• Name of the firm,
• Place of business of the firm,
• Any other place where the business is carried on,
• The date on which each partner joined the firm,
• Duration of partnership firm,
• Full name and permanent address of all partners of a firm,
• The date on which each partner joined the firm.

The statement will be signed by all partners, or by their agents specifically authorized on their behalf

(2) Everyone who signs the statement will also verify it as prescribed.

(3)The name of the firm shall not contain any name similar to the names of Crown, Emperor, King, Royal, Emperors or any other word which implies or expresses the subject of government approval except when the State Government in writing indicates its consent to the use of such words as part of the firm name by order.

Section 59. Registration. –

The section states that when the Registrar is satisfied, the terms of Section 57 are complied with. He shall record the entry in the Register called Firms of the Registrar and shall file the statement.

Section 60. Recording of alterations in firm name and principal place of business. –

(1) If a change is made to the name of the firm or to the original location of the registered firm, a statement may be sent to the Registrar with the prescribed fee, mentioning the change and signing and verifying it as required under section 58.

 (2) If the Registrar is satisfied that the provisions of sub-section (1) have been duly complied with, he shall amend the entries relating to the firm in the register of the firm as per the statement and file with the statement relating to the the firm filed under section 59.

Section 61. Noting of closing and opening of branches. –

If the registered firm closes business at any location and begins any other location , as that is not the original location of the business, any partner or agent of the firm may send intimation to the registrar, shall make a note of such intimation in the entry relating to the firm in the Register of Firms, and shall file the intimation alongwith the statement relating to the firm filed under section 59.

Section 62. Noting of changes in names and addresses of partners. –

If any partner alters his name or permanent address in a registered firm, an intimation of the alteration may be sent by any partner or agent of the firm to the Registrar, who will manage it in the manner provided in section 61.

Section 63. Recording of changes in and dissolution of a firm. –

(1) When a change occurs in the constitution of a registered firm, an incoming, current or outgoing partner. And when a registered firm is dissolved with a person who was a partner, or such partner or agent of such person specifically authorized, may give notice to the Registrar of change mentioning its date. And the registrar shall make a record of the notice of entry in the Register of the firm in respect of the firm. He shall submit the notice with the statement of the firm filed under section 59.

Recording of withdrawal of a minor. –

(2) If a minor who has been admitted to the benefits of partnership in a registered firm attaining majority and elects to become or not to become a partner then he or his agent authorized in this behalf may give notice to the Registrar that he has or has not become a partner. The Registrar shall deal with the notice as provided in sub-section (1).

Section 64. Rectification of mistakes. –

(1) The Registrar shall always have the power to correct any errors in order to bring the entry in the Register of Firms relating to any firm into accordance with the documents relating to that firm filed under this Chapter.

 (2) On application, made by all the parties who have signed any deed relating to a firm filed under this Chapter. The Registrar may correct any error in the record or note made in the Register of Firms.

Section 65. Amendment of Register by order of Court. –

A court which decides any matter relating to a registered firm may point out that the registrar may, as a result of his decision, make any amendment for entry into the register of a firm relating to such a firm. And the Registrar shall amend the admission accordingly

Section 66. Inspection of Register and filed documents. –

(1) The Register of Firms shall be open for inspection by any person on payment of prescribed fee.

(2 All statements, notices and information filed under this Chapter shall be subject to conditions and open for inspection on  payment of prescribed fees.

Section 67. Grant of copies. –

On application ,The Registrar shall  provide a copy, certified by  his hand, of entry of the Register of Firms to any person after paying the prescribed fee for the application,

68. Rules of evidence. –

(1) Any statement, intimation or notice recorded or noted in the firm’s register shall agaistany person by whom or on whose behalf such statement, intimation or notice was signed, shall be the final proof of any authenticity stated in the statement.

 (2) An attested copy of an entry related to the firm in the register of the firm may be produced as proof of the legitimacy of the registration of such firm and as proof of the written content of any statement, information or notice recorded therein.

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Effect of non- registration ( Section 69)