Partnership Firms-Procedures

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	30d days	—	1. Copy of order appealed against 2. Copy of receipt 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	500	—	—	—	—
2	Registration	A	1 year	58(1) & (1A)	As per enclosures 1 & 2 mentioned under Sr. No. 2	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 equired 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	—	—	64(2)	—	—	—	—	—	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	50	—	—	—	—
11	Inspection of documents	—	—	66(2)	1 An application for Inspection	50	—	—	—	—
					2 Copy of Receipt
12	Certified copy	—	—	67	1 An application for certified copy	Rs. 50/100	—	—	—	—
					2 Non-judicial Stamp Paper of Rs. 10/-	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	—

Some important tips to be remembered to avoid objections from Registrar of Firms in respect of forms filed.

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.