INDIAN PARTNERSHIP ACT, 1932

(REGISTRATION)

-by group 7
Binita Chakraborty (13)
Harishmita Deka (22)
Himasmita Kashyap (23)
Hirakjyoti Talukdar (24)
Krishanku Kaushik Phukan (33)
Saurav Mahanta (58)
Swarnava Deb (67)
 TABLE OF CONTENTS
 Registration of firm
 Procedure of registration of firms
 Section 58
 Analysis
 Section 59

 Consequences of non-registration
 Exceptions

 Conclusion
 REGISTRATION OF FIRM
 Why is it required?
 As per the Indian Partnership Act, 1932
partnership deed to be registered because
unregistered entities have severe restrictions
with respect to legal enforcement.
 There is no requirement of registration for a
firm but it has some advantages:
 Cannot sue firm
 Cannot sue others
 No set-off
 PROCEDURE OF REGISTRATION OF A
PARTNERSHIP FIRM (INDIAN PARTNERSHIP
ACT, 1932)
 UnderSection 58 of the act, the registration is to
be applied to the Registrar office along with fee is
charged. The application requires:

 Name of the firm

 Principal place of seat of business of the firm
 Name of other places where business is conducted
 Date of joining of each of the partners in the firm
 Full names and permanent addresses of the
partners
 Duration of the firm
 ANALYSIS
 Registration of a firm is optional as
partners cannot force each other to register
against will.

 Registry from beginning is not mandatory.

 Alternations over time like name, place,

constitution,etc. should be registered.
 As per section 59, when criterion provided
according to section 58 is met.
 The provisions that have been duly provided is
recorded in the register called the Register of
Firms.
 CONSEQUENCES OF NON-REGISTRATION
(SECTION 69)
 Asper section 69, Indian Partnership Act does
not make the registration of firms compulsory not
does it impose any penalty for non-registration
like that of the English Law. But there are
consequences which impose pressure on firms:

 No action in court against third party can be taken

by the breached firm
 Partners/firm cannot claim on breach of third party
 Aggrieved partner cannot bring legal action against
other partner or the firm
 Third party can sue the firm.
 EXCEPTIONS

Non-registration does not affect the following:

 Right of third party to sue

 Right of a partner for the dissolution of firm

 Power of official assignees, receiver of court to

release the property of the insolvent partner
and to bring action
 The right to sue or claim a set-off if suit value
is less than ₹100
 CONCLUSION

From the study, we can summarize

registration of firms must be made
mandatory for a safer side as compared to
the English Law as registration is non-
complex procedure anf it requires few lgal
formalities.
THANK YOU!