Eligibility and Requirements to Register a Partnership Firm
To register a partnership firm, certain legal criteria and documentation must be met, ensuring the business is recognised under the law. This process involves choosing a partnership name, drafting an agreement, and fulfilling the requirements set by relevant authorities.
Minimum Partners Required
- A partnership firm must have at least two persons.
- It comes into existence when two or more persons, either by oral or written agreement, come together to form a business and divide profits proportionally as mutually agreed.
Documents Required for Partnership Firm Registration
- Application for Registration of Partnership (Form 1)
- Registered photocopy of Partnership Deed
- Copy of an affidavit confirming all details mentioned in the partnership deed and documents are correct
- PAN card and address proof of the partners
- Ownership documents or rental/lease agreement for the principal place of business
Partnership Deed
- An agreement outlining terms and conditions, profit sharing, responsibilities, and rules among partners.
- Provides legal importance, helps with PAN eligibility, opening bank accounts, and getting GST/FSSAI licenses.
Importance of Partnership Deed
- Written deed reduces conflicts and clarifies terms among partners.
- Defines responsibilities, profit/loss ratio, and contribution of each partner.
- Promotes a clear understanding between business owners.
Notarisation and Stamp Duty for Partnership Deed
- Stamp duty is mandated under the Indian Stamp Act, 1899 (Section 46).
- Deed must be notarised on non-judicial stamp paper with a value of more than ₹200.
- Delhi: ₹200, Mumbai: ₹500, Kolkata: ₹500, Gujarat: 1% of capital (max ₹10,000).
- Rates vary by state; confirm locally before purchase of stamp paper.