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Partnership Firm Registration in India

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Company Information

Understanding Partnership Firms in India:

A Partnership Firm is a popular business structure where two or more individuals join together to start a business, agreeing on a profit-sharing ratio through a Partnership Deed prepared on nonjudicial stamp paper. Governed by the Indian Partnership Act of 1932, the Partnership Deed is a crucial document. Forming a partnership is straightforward, with minimal compliance requirements compared to companies and LLPs. There are two types of Partnership Firms: Registered and Unregistered. The Act does not mandate registration with the Registrar of Firms or any other competent authority, leading many firms to operate without registration due to a lack of awareness. They often start their business with just a Partnership Deed and a PAN card. While there are no penalties for non-registration, an unregistered firm does face certain disadvantages. It is advisable to register the firm, as only a registered Partnership Firm is eligible to apply for Startup India recognition and benefit from the scheme once approved.

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Benefits/ Features of Registered Partnership Firm

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StartupIndia Recognition and Benefits:
  • A.Eligibility to apply for StartupIndia recognition and avail all associated benefits. .
Minimum Partners for Partnership Firm:
  • A.Formation requires a minimum of 2 partners
Partners' Rights to Legal Action:
  • A.Any partner of a registered firm can file a suit in court against the firm or other partners for the enforcement of contractual or statutory rights.
Partnership Deed:
  • A.An agreement between partners outlining:
    • Rights
    • Duties
    • Profit shares
    • Other obligations of each partner.
Registration Process:
  • A.Partnership firm registration involves:
    • Submission of documents to State Govt. Office, Registrar of Firm, Sub-Registrar Office, or authorized authority.
    • Registration under the Indian Partnership Act, 1932.
Certificate of Registration:
  • A.Upon successful registration, the partnership firm receives a Certificate of Registration from the respective authority.

Company Registration Procedure in India

1
Acquire a Digital Signature Certificate (DSC)
2
DSC apply
3
Incorporation Filing
4
Company Approved

Compliance Requirements under the Companies Act

In addition to fulfilling statutory obligations like GST and Income Tax, private limited companies are mandated to adhere to certain regulatory requirements outlined in the Companies Act. These obligations are crucial for maintaining transparency, accountability, and legal standing. Failure to comply with these obligations can lead to penalties and legal repercussions. Here are the key compliance requirements that a private limited company must address without delay:

Commencement of Business (COB)

Within 180 days of incorporation, it is imperative for a private limited company to file the Commencement of Business (COB) e-form INC 20A. This form signifies that the company has commenced its operations and is actively conducting business as per its memorandum and articles of association.

Appointment of Statutory Auditor

A practicing Chartered Accountant must be appointed as the Statutory Auditor to audit the company's books of accounts and issue audited Annual Financial Statements. This ensures that the financial records are accurate, reliable, and compliant with regulatory standards.

Filing of ROC Annual Forms

The company is required to file various annual forms with the Registrar of Companies (ROC) to report its financial performance, management structure, and other relevant information. These forms include the Annual Return, Financial Statements, and other documents as prescribed by the Companies Act.

Filing of Director e-KYC

Directors of the company are obligated to undergo electronic Know Your Customer (e-KYC) verification, which involves providing updated personal and professional information. This process helps in maintaining the authenticity and integrity of the directorship

For startup companies, it's essential to allocate additional funds, approximately Rs 40-50K annually, for audit expenses and ROC filings. This financial provision ensures that the company can fulfill its compliance obligations without financial strain. By diligently adhering to these compliance requirements, private limited companies can operate smoothly within the legal framework and uphold their reputation in the business ecosystem.

Our Service Coverage

After Company incorporation, you will receive below documents

  • Company Certificate of Incorporation
  • Memorandum of Association & Article of Association (MOA & AOA)
  • PAN Card and TAN Allotment
  • EPF & ESI Registration
  • Digital Signatures (Class 2)
  • Directors Identification Number (DIN)
  • Assist in Bank A/c Opening
  • Professional Tax Registration (in Maharashtra Only)
  • GST Registration (Optional)
Service List
Navneet K Arora & Co LLP

Effects India, where professionalism meets excellence. Established in 1995, we have built a reputation for delivering comprehensive consultancy services across diverse industries. Our team comprises dedicated professionals including Company Secretaries, Chartered Accountants, Advocates, Solicitors, Management Professionals, and IT Experts, all committed to providing top-notch solutions tailored to your business needs.

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