PROCEDURE OF PARTNERSHIP FIRMS (MAHARASHTRA)

 

PROCEDURE OF PARTNERSHIP FIRMS (MAHARASHTRA)

 

Sr. No.	Subject	Form No.	Time Limit	Sec.	Enclosures	Filling Fees Rs.	Other Charges	Penalties		Documents and Stamp Duty Amt. Sec.
								Sec	Amt
1	2	3	4	5	6	7	8	9	10	11
1.	Registration	A	1 year	58(1) & (1A)	1. Forwarding letter with Rs.5 court fee stamp. 2. Rs. 10 Non-judicial stamp paper 3. Copy of partnership deed certified by C.A/Adv. 4. Marathi Translation of Partnership deed duly certified by C.A/Adv.	1500	100	59A-1	Rs. 100/-Year or part thereof	As per the provisions of Maharashtra Stamp (Amendment) Act, 2015
2.	Change in principal Place/nature of business/firm name	B	90 days	60(1)	1. Forwarding letter with Rs. 5 court fee stamp 2. Rs. 10 Non-judicial stamp paper 3. Copy of proof duly certified by C.A./Adv.	1000	200	69A	Up to Rs.10 day	Proof for date of change like certified copy of possession letter, Sale Deed, Leave Licence Agreement or copy of Supplementary Deed.
3.	Opening and closing of branches	C	90 days	61	1. Forwarding letter with Rs.5 court fee stamp 2. Rs. 10 Non-judicial stamp paper 3. Copy of proof duly certified by C.A/Adv.	1000	200	69A	Up to Rs.10 day	Proof for date of change like certified copy of possession letter, Sale Deed, Leave Licence Agreement or copy of Supplementary Deed.
4.	Change in the Name (Person/Limited Company) and Address of the Partner	D	90 days	62	1. Forwarding letter with Rs.5 court fee stamp 2. Rs. 10 Non-judicial stamp paper 3. Copy of proof duly certified by C.A/Adv. 4. Certified copy of Government Gazette or Certificate of R.O.C	1000	200	—-	Up to Rs.10 day	Copy of Supplementary Deed if any
5.	Change in Constitution- Admission/Retirement/Dissolution/Death of Partner/minor partner	E	90 days	63	1. Forwarding letter with Rs. 5 Court fee stamp 2. Rs.10 Non-judicial stamp paper 3.Copy of partnership deed certified by C.A/Adv.	1000	200	—	Up to Rs.10 day	As per the provisions of Maharashtra Stamp (Amendment) Act, 2015.
6.	Minor attaining majority and elects to become/not to become a Partner	F	90 days	63(2)	1. Forwarding letter with Rs. 5 Court fee stamp 2. Rs. 10 Non-judicial stamp paper 3. Copy of partnership deed if any certified by C.A/Adv. 4. If minor is retiring in age of minority then Affidavit of Guardian in support of retirement	1000	200	—	Up to Rs.10 day	———-
7.	Rectification of Mistakes	—	—-	64(2)	An application for Rectification and Documentary Proof	1000	200	—-	——	Documentary proof of Rectification
8.	Inspection of Register	—-	—-	66(1)	1. An application for Inspection	100	—	—	—–	———-
9.	Inspection of documents	—-	—-	66(2)	1. An application for Inspection	100	—-	—-	—–	———-
10.	Certified copy	—-	—–	67	1. An application for certified copy 2. Non-judicial Stamp Paper of Rs. 10/- 3. Rs.5/-Court Fee Stamp	Rs. 100/- 100 words or part thereof	—-	—	—-	———-
11.	Appeal against refusal by registrar to register the firm under a particular name	Plain paper	30 days	58(4)	1. Copy of order appealed against 2. Copy of receipt	1000	—-	—-	—–	Appeal is to be filed before the Competent Authority, Law and Judiciary Department, Mantralaya, Mumbai- 400 032

 

 

SOME IMPORTANT TIPS TO BE REMEMBERRED TO AVOID OBJECTIONS FROM REGISTRAR OF

FIRMS IN RESPECT OF FORMS FILED.

1. For Online filing CA/Adv need to create New ID for every Firm.
2. Write full Name with correct spellings in Deed of Partnership and on all the Forms
3. Stamp paper must be in the name of firm or partners.
4. If change in constitution is simultaneous with change in address, both Forms E & B or D are required to be filed.
5. Change in Karta is of HUF is required to be intimated in Form E. In case Death of Karta Form E has to be submitted.
6. Date of filling of documents must be within one month of such notarization.
7. Check date of stamp paper, date of execution of deed and effective date of partnership deed.
8. In case of change in name and also the change in address of the lady partner if occurs on account of marriage then Form D

is required to be filed along with attested copy of Marriage Certificate which should necessarily contain changed  name

and address both.

9. Ensure that the Seal of Notary is put with Red ink and initials of Notary on all pages of the document or form, which is notarized.

Name and Address stamp of the Notary on the notarized document or form, along with serial number in the Notary Register of

the document being notarized.

10. Rectification application filed under section 64, requesting correction of error signatures of all existing partners are necessary

on the application.

11. Letter of authority to appear before the Registrar of Firms for personal hearing can be signed by any one of the existing partners.
12. The stamp paper which is used for execution of Deed of Partnership should be dated within 6months of the date of issue of

such stamp paper. This provision is effective from 1-12-1989.

13. Any particular business requiring License to carry out the business the copy of License is to be submitted along with the

submission.   If License is not obtained then a Undertaking in Affidavit form signed by all the partners should be submitted.

14. The business like Petrol Pump/L.P.G. Gas/Kerosene, Ration Shop/Liquor requires the permission of Licensing authority

to carry out business in partnership. In such a cases Copy of License is mandatory.

15. If Deed is not duly stamp or stamp paper is not in the name of the firm or partners then in such cases the deed is required

to be Adjudicated by the Stamp Authority.

16. If application is submitted through C.A. or Advocate or any third party other than the firm itself then a Authority letter

signed by all the partners is required to be submitted along with the application.