Professional Documents
Culture Documents
In England
registration is, however, compulsory. In India there are certain privileges which are allowed to
those firms which are registered. Unregistered firms are prejudiced in certain matters in
comparison to registered firms.
Though directly the registration of firms is not compulsory but indirectly it is so. To avail of
certain advantages under law the firm must be registered with the Registrar of Firms of the State.
Registration of a firm does not provide a separate legal entity to the concern as in the case of
Joint Stock Company.
Partnership does not need registration for coming into existence because it is created by an
agreement among two or more persons. The registration of a firm merely certifies its existence
and non-registration does not invalidate the transactions of the firm.
Alteration of Particulars:
Whenever a change or alteration is made in any of the following particulars then it should be
communicated to the Registrar of firms and a suitable change is made in the register. The change
to be made is sent in a prescribed form and with the prescribed fees.
Following changes or alterations are to be sent to the Registrar:
(i) Any change in the name of the firm.
(ii) Any change in the principal place of business. The change in name or principal place of
business almost requires a new registration. These changes should be sent in a prescribed form
and should be signed by all the partners.
(ii) When constitution of the firm is changed i.e., an old partner may retire or a new partner may
be added.
(iv) Any change in the name of a partner or his address.
(v) When a minor partner attains the age of majority and he elects to become or not to become a
partner.
(vi) When the firm is dissolved.
Exceptions:
The non-registration does not affect the following rights of a firm:
(i) The partners of an unregistered firm can bring a suit for the dissolution of the firm or for the
settlement of its accounts. They can also use the property of a dissolved firm.
(ii) The right of an official receiver or official assignee is not affected for realizing the share of
the insolvent partner, whether the firm is registered or not.
(iii) The unregistered firm or its partners may use or claim a set-off where the subject matter of
the suit does not exceed Rs. 100 in value.
(iv) The third parties can always use a firm whether it is registered or not.
Advantages of Registration:
The registration of a firm is not only advantageous for the firm but also for those who deal with
it.
The following advantages are derived from the registration of a firm:
Share Strengths
While people typically associate with and enjoy doing business with people who are like them, it
is often best to leverage the broad strengths of a diverse mix of partners, according to business
coach Bryan Bayer. One partner might specialize in identifying new clients or associates, while
another is effective at running day-to-day operations efficiently. Whether you start with a group
of partners or add them over time, strategic planning allows for better unification of abilities. The
synergy that comes from conversations among partners allows for potentially greater ideas for
the company, according to USA Today.
Grow Bigger
Typically, successful companies look for opportunities to grow bigger and add revenue streams.
Existing or new partners may expand your business through industry contacts, new business
suppliers, new facilities or additional product lines. Clear goals for development and defined
roles for each partner contribute to building the company and earning more income.
Minimize Formalities
Like proprietorships, partnerships are relatively simple to set up and manage. You register the
business in the state of operation, but you don't have the same paperwork and documentation
requirements faced by corporations. Partners can also file taxes on individual returns, and
the business itself doesn't pay taxes. Minimizing these requirements enables partners to focus
on managing and growing the company.