A partnership firm is a business form that involves two or more people who come together to set up and operate a business while sharing profits and losses in a predetermined ratio. The individuals who come together to form a partnership firm are called partners. The business can be involved in producing goods, rendering services, or doing trade. In India, all partnership firms are regulated by the Indian Partnership Act, 1932.
To ensure smooth operations of a partnership firm, a partnership deed is formed. It is a legal document that contains all the rules and regulations that every partner has to follow. Basically, it is drafted to govern the relationship between partners and avoid any kind of conflict.
Here are the key features of a partnership firm registration in India.
While registration of a partnership firm is not compulsory, it is advisable for certain benefits, such as maintaining a legal record, enforcing rights, and claiming set-offs. Registration involves submitting an application along with prescribed fees to the Registrar of Firms.
A partnership firm is taxed at a flat rate of 30% on its total income. Additionally, a surcharge of 12% is applicable if the firm's taxable income exceeds ₹1 crore.
Each partner brings their own unique skills, experience, and resources, which help strengthen the overall functioning of the business.
Since partners are actively involved, decisions can be made more collaboratively and with greater flexibility.
With multiple partners contributing, it becomes easier to pool capital, and even more funds can be raised by adding new partners when needed.
The minimum number of partners required to form a partnership firm is two, while the maximum number can vary depending on the type of business. However, in most cases, the maximum limit is set to 50.
In India, any two or more individuals or entities can form a partnership firm, provided they meet certain criteria:
✅ Capacity to Contract: All partners must have the legal capacity to enter into a contract. This means they must be of sound mind, not minors, and not disqualified by law from entering into a partnership.
✅ Consent of Partners: All partners must agree to form the partnership and be willing to enter into a partnership agreement outlining the terms and conditions of their partnerships.
✅ Objective of Profit: The primary objective of forming a partnership firm should be to carry on a business with the intention of making profits.
✅ Number of Partners: A partnership firm can have a minimum of two partners and a maximum of 50 partners.
✅ Mutual Agency: Partners must agree to act on behalf of each other and the firm in carrying out the business activities of the partnership. This principle of mutual agency is fundamental to the partnership structure.
✅ No Prohibited Activities: The proposed partnership firm should not engage in activities prohibited by law or against public policy. Certain activities may require special licenses or permissions from regulatory authorities.
For the process of partnership firm registration online, here are the key steps to follow.
Choose a unique name for your partnership firm.
To bring a partnership into existence, a partnership deed is a vital document. The document includes information such as the name and business location of the firm, business operations to be carried out, the investment and profit-sharing ratio of all the respective partners, or any other specific conditions.
Collect required documents like ID proofs, address proofs, and the stamped partnership deed.
Apply for PAN by filing relevant documents with NSDL (National Securities Depository Limited).
Get PAN and TAN for your firm, Get the GST Registration, open a bank account, and handle any other post-registration tasks.
With your partnership firm officially registered, you're ready to start doing business!
Remember, it's wise to consult with a legal expert at JustStart to ensure you're following all the necessary steps and requirements for partnership firm registration.
The perks of registering your business with a partnership firm are numerous, and a few are mentioned below.
Partnership firm Registration is so simple as compared to other business structures, just draft a deed and then enter into the partnership agreement.
Partners must share all losses and profits of their partnership firm equally. They also have the freedom to decide the ratio of loss and profit.
Registration provides legal recognition to the partnership firm, making it an officially recognized entity in the eyes of the law.
A partnership firm has minimal compliance as compared to a private limited company or LLP, making it easier to manage.
Registration serves as evidence of the partnership agreement and its terms, reducing the likelihood of disputes among partners regarding business operations and profit sharing.
Registration enhances the credibility and reputation of the partnership firm in the eyes of customers, suppliers, and other stakeholders, thereby facilitating business dealings and partnerships.
A registered partnership firm can easily expand its operations and enter into new markets.
A registered partnership firm can file legal claims or suits, protecting its rights and interests in business disputes.
For partnership firm registration online in India, the following documents are necessary to gather:
This is the most crucial document, outlining the terms and conditions agreed upon by the partners regarding the operation of the partnership firm. It includes details such as the name of the firm, its address, the names and addresses of partners, their contribution, profit-sharing ratio, and other relevant clauses.
Documents establishing the address of the partnership firm, such as the rental agreement or utility bills for the registered office address.
Copies of identity proofs of all partners, such as PAN card, Aadhaar card, passport, or voter ID card.
Copies of address proofs of all partners, such as Aadhaar card, passport, utility bills, or voter ID card.
Depending on the nature of the business, additional documents such as NOC (No Objection Certificate) from the landlord, affidavit stating the ownership of the premises, or partnership registration affidavit may be required.
It’s advisable to consult a JustStart legal advisor to ensure all necessary documents are in order and comply with relevant laws and regulations.
JustStart is your reliable partner for partnership firm registration online. Throughout the process, we guide you through every doubt you have and keep everything transparent to ensure you feel comfortable trusting us. In our team, we have experts who have many years of experience in handling the task of partnership firm registration in India. Here are some good reasons to choose our services.
JustStart provides a convenient and efficient solution for the registration of partnership firm, allowing you to launch your business with confidence.
We offer affordable and transparent pricing for partnership firm registration without compromising on quality.
Receive expert advice customized to your specific business needs, ensuring a smooth registration process.
We manage all necessary paperwork efficiently, ensuring compliance with legal requirements and timely submission.
JustStart is a trusted, Google-verified business with a proven track record of successful partnership firm registrations.
We take care of the complexities of the registration process, allowing you to focus on your business while we handle the rest.
Our streamlined process ensures fast and hassle-free registration of partnership firm.
Partnership firm registration usually takes 7-10 working days, depending on document readiness and the Registrar’s office efficiency.
Yes, all partners can mutually decide to end the partnership firm. It should be documented in a dissolution deed by following the terms outlined in the partnership agreement.
The liability of partners in a partnership firm is joint and several, meaning they are collectively and individually responsible for the firm's debts & obligations.
There is no specific capital requirement to start a partnership, the amount needed depends on the nature & scale of the business.
No, a partnership firm is not a separate legal entity. This means the business and the partners are legally the same, so the partners are personally responsible for the business's debts and actions.
Yes, partnership firms are required to file income tax returns annually, regardless of their income or profit levels.
A partnership deed is a legal document that outlines each partner's rights, responsibilities, and obligations. It includes profit-sharing ratios, decision-making processes and procedures for resolving disputes.
A partnership deed includes details such as the names and addresses of the partners, the capital contribution, profit and loss of each partner., partner admissions and dispute resolution.
Yes, you can convert a partnership firm into a private limited company or an LLP. It involves drafting new agreements and registering with relevant authorities.
If the gross receipts or turnover of a business exceeds Rs. 1 crore, a tax audit is required. – If gross receipts or turnover exceed Rs. 1 crore but are less than Rs. 10 crores and cash transactions are less than 5%, a tax audit is not required. – If gross receipts or turnover exceed Rs. 10 crores, a tax audit is required.
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