PROCEDURES RELATING TO PARTNERSHIP FIRMS (MAHARASHTRA) |
Sr. No. |
Subject |
Form No. |
Time Limit |
Sec. |
Enclosures |
Filing
Fees Rs. |
Other Charges |
Penalties |
Documents and
Stamp Duty Amt. |
|
|
|
|
|
|
|
|
Sec. |
Amt. |
|
1 |
Appeal against refusal by
registrar to register the firm under a particular name |
Plain paper |
30
days |
58(4) |
1. Copy of order appealed
against
2. Copy of receipt |
500 |
— |
— |
— |
— |
2 |
Registration |
A |
1 year |
58(1) & (1A) |
1. Forwarding letter with Rs.
5 court fee stamp
2. Rs. 10 Non-judicial stamp paper
3. Copy of partnership deed
certified by CA/HC Advocate/any other officer
4. Marathi translation of Partnership deed duly certified
5. Copy of ROF letter approving firm name (if any) |
700 |
50 |
59A-1 |
Rs. 100/-year or part
thereof |
Instrument of Partnership
1. Rs. 500 for no share of contribution or share
contribution in cash up to Rs. 50,000 and
2. Rs. 500 for every additional share contribu- tion in cash of Rs. 50,000 or part thereof subject to a maximum of Rs. 5,000
3. For share of contribution brought in by way of property (excluding cash, — same duty will be leviable as on conveyance on the market value of the property (For rates, refer Article 25 given on page 25.2 of the Referencer) |
3 |
Change in principal place/nature of business/firm name |
B |
90
days |
60(1) |
As per enclosures 1 & 2 mentioned under Sr. No. 2 |
300 |
100 |
69A
|
Up to Rs. 10/day |
With effect from 12-5-2005, Supplementary Deed on the
Stamp Paper of Rs. 200/- is
required to be executed stating the facts as
mentioned in Form B as concrete evidence. An
attested copy of such deed is required to be
submitted along with the notarized Form B. |
4
|
Opening and closing of branches
|
C
|
90 days |
61 |
As per enclosures 1 & 2 mentioned under Sr. No. 2
|
300 |
100
|
69A |
Up to Rs. 10/day |
With effect from 12-5-2005, Supplementary Deed on the Stamp Paper of Rs. 200/-
is
required to be executed stating the facts as
mentioned in Form C as concrete evidence. An
attested copy of such deed is required to be
submitted along with the notarized Form C. |
5 |
Change in the Name and Address of the Partner |
D |
90 days |
62 |
As per enclosures 1 & 2 mentioned under Sr. No. 2
|
300 |
100 |
69A |
Up to Rs. 10/day |
With effect from 12-5-2005, Supplementary Deed on the
Stamp Paper of Rs. 200/- is
required to be executed stating the facts as
mentioned in Form D as concrete evidence. An
attested copy of such deed is required to be
submitted along with the notarized Form D. |
6 |
Change in Constitution — Admission/Retirement/ Dissolution/Death of
Partner |
E |
90 days |
63 |
As per enclosures 1 & 2 mentioned under Sr. No. 2 |
300 |
100 |
69A |
Up to Rs. 10/day |
(a) Instrument of Partnership on re-constitution
of the firm: Stamp duty as under Sr. No. 2
(b) Instrument of Dissolution/Retirement
1. Where immovable property is given to a
partner other than the partner who brought
in that property stamp duty will be leviable
as on conveyance on the market value
subject to a minimum of Rs. 100.
2. Any other case — Rs. 200
|
7 |
Minor attaining majority and elects to become/not to become a Partner |
F
|
90 days |
63(2) |
1. As per enclosures 1 & 2 mentioned under Sr. No. 2
2. Copy of Advertisement
published in one vernacu-lar local newspaper |
300 |
100
|
69A |
Up to Rs. 10/day |
In case he elects to become partner same as Sr. No. 2.
In case he does not become partner same as Sr. No. 6 |
8 |
Change in Profit/Salary/Interest |
— |
—
|
— |
— |
— |
— |
— |
— |
Supplementary Deed Rs.
200/- |
9 |
Rectification of Mistakes |
— |
— |
64(2) |
An application for certification
with enclosure 2 mentioned
under Sr. No. 2 |
300 |
100 |
—
|
—
|
— |
10
|
Inspection of Register
|
—
|
— |
66(1) |
1. An application for
Inspection
2. Copy of Receipt |
50
|
—
|
—
|
—
|
— |
11 |
Inspection of documents |
— |
—
|
66(2)
|
1. An application for
Inspection
2. Copy of Receipt |
50
|
—
|
—
|
—
|
— |
12
|
Certified copy |
— |
— |
67
|
1. An application for certified copy
2. Non-judicial Stamp Paper of Rs. 10/-
|
Rs. 50/100 words or part thereof |
— |
—
|
— |
— |
13 |
Intentional furnishing inaccurate/false particulars |
—
|
— |
—
|
—
|
— |
—
|
70
|
Fine/ imprison-
ment for a
term which
may extend
to one year
or both |
— |
-
Forms A, B, E should be signed by all the partners
(including the retiring partner). Forms C and D by any one partner and Form F
by partner attaining the age of majority. All the forms have to be signed
before Notary/Magistrate. The Marathi Translation which is required to be
filed at the time of registration of firm should be signed by all the partners
along with Form A.
-
In cases of retirement, Form E should be signed by both
Incoming and Outgoing Partner/s or two separate E forms duly signed each for
admission and retirement respectively are required to be submitted along with
the Instrument of Partnership and Retirement Deed.
-
Fees include copying charges, where applicable.
Some important tips to be remembered to avoid objections
from Registrar of Firms in respect of forms filed.
-
Always write full Name with correct spellings in Deed of
Partnership and on all the Forms at all places wherever necessary and also
adjacent to the signature in case of all the forms (viz., Forms A, B, C, D,
E, F).
-
Stamp paper must be in the name of firm or partners.
-
If change in constitution is simultaneous with change in
address, both Forms E and B or D are required to be filed. Even if the changed
address is mentioned in partnership deed, it cannot be considered as notice of
change unless Form B or D is filed.
-
Change in Karta of HUF is required to be intimated to
ROF. If the change of Karta is due to the death of Karta, then the change can
be intimated by filing Form 'E' within 90 days along with copy of Death
Certificate of Karta duly attested. No Supplementary deed is required.
-
Date of filing of documents must be within one month of
such notarization.
-
Always check date of stamp paper, date of execution of
deed and effective date of partnership deed.
-
In case of change in name and also the change in address
of the lady partner if occurs on account of marriage then Form 'D' is required
to be filed within 90 days alongwith attested copy of Marriage Certificate
which should necessarily contain changed name and address both. No
Supplementary deed is required.
-
Always match the particulars in the deed with the
information being filled in the form and compare it with last entry on record.
-
Ensure that the seal of Notary is put with Red ink and
initials of Notary on all pages of the document or form, which is notarized.
Do not forget to obtain Name and Address stamp of the Notary on the notarized
document or form, along with serial number in the Notary Register of the
document being notarised.
-
In case of rectification application filed under
section 64, requesting correction of error on account of spelling mistake or
omission of any submission, etc. signature of all existing partners is
necessary on the said application. However, letter of authority to appear
before the Registrar of Firms for personal hearing can be signed by any one of
the existing partners.
-
After a personal hearing, you are required now to make
an application in writing to obtain a copy of order which states the amount of
fine payable on account of delayed submissions. After you receive the said
order, you can pay fine and then receive entry on record on a stamp paper of Rs. 10/- supplied by you along with the submissions.
-
In case of Partnership Firm of Chartered Accountants,
Partnership Deed of the said firm has to be attested by a Chartered Accountant
other than the partner of the said firm.
-
The stamp paper which is used for execution of Deed of
Partnership should be dated within 6 months of the date of issue of such stamp
paper. This provision is effective from 1-12-1989.
-
With effect from 31-8-2005, in case of a firm as per
the object clause of the Partnership Deed, if a specific permission or
registration or any legal compliance is required, to commence or do any
business by the firm and if any document as a proof of such permission or
registration or compliance is not available at the time of registration of
firm to be submitted to the Registrar, then a declaration in the form of
Affidavit is required on the stamp paper of Rs. 100/- duly notarized, signed
by all partners is required to be submitted in original along with Form A.
(e.g., IEC Number in case of Import/Export Business or Liquor Licence in case
of Wine Shop).
-
As per the circular issued by Registrar of Firms dated
20-1-2007, it is necessary to give an authority to a person who is going to
represent the firm either to collect any document or to discuss any issue
related to objection raised by the Registrar. Send the same duly signed by all
the partners to the Registrar along with the other submissions.
-
In case of minor admitted to the benefits of the firm
exercises the option to continue as a partner after attending the age of
majority then Form 'F' required to be filed within 90 days along with attested
copy of birth Certificate. No Supplementary deed is required.
Important Court Decision
Maharashtra State Amendment to Indian Partnership Act, 1932
(Maharashtra Act, 29 of 1984, S.14) came into force w.e.f. 1985. By this
amendment, a time limit was laid down within which Registration and subsequent
changes were to be intimated to the Registrar. A new section 69A was inserted
providing for levy of penalty in case of delay in furnishing the forms
required by u/ss. 60 to 63 of the Act. (Refer chart for time limits). In case
of M/s. Adamji Lookmanji & Co. Registrar of Firms levied penalty for
non-intimation of changes in partnership in time limits (which has been
prescribed w.e.f. 1-1-1985) for changes that took place prior to 1-1-1985. The
penalty was challenged by M/s. Adamji Lookmanji & Co. since there was no
prescribed time or clauses of penalty prior to 1-1-1985.
The petition was allowed and it was held in M/s. Adamji Lookmanji & Co. &
Ors. vs. State of Maharashtra & Anr., that the demand of such penalty in
respect of changes effected prior to 1-1-1985 is without the authority of law.
Any change or alteration if made in terms of sections 60, 61, 62 or 63, prior to
the Amendment by Maharashtra Act 29 of 1984 will be governed by the provisions
of law as they stood before the amendment. Even in respect of such change if a
party applies for effecting the change or alterations after the Amendment Act
has came into force, considering the language and perusing the ambit of section
69, it will be governed by the law before the Amendment. It is only change or
alteration after the amendment which will be governed by the amended provisions.
The above demand is therefore illegal, bad and without jurisdiction. The
respondents at the highest can consider and/or impose penalty in respect of
changes which took place after 1-1-1985.
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