What is Partnership Firm?

A partnership firm is a business structure formed by an agreement between two or more people (partners) to co-own and operate a business for profit.

  • Number of Partners: Requires a minimum of two partners.
  • Shared Ownership and Profit: Partners share ownership of the business and its profits according to a predetermined agreement. This profit-sharing ratio doesn’t have to be equal and can be based on factors like capital contribution or effort invested.
  • Shared Liability: Unless it’s a limited partnership (discussed below), partners generally have unlimited liability. This means each partner is personally responsible for the debts and obligations of the firm, exceeding the amount of their investment.
  • Management: All partners can participate in management and decision-making of the business. The specific roles and responsibilities can be outlined in a partnership deed, a legal document formalizing the agreement between partners.
  • Formation: A formal partnership deed is recommended for all jurisdictions.

Types of Partnership Firms:

  1. General Partnership: The most common type of partnership, with all the features mentioned above.
  2. Limited Partnership: At least one partner (general partner) has unlimited liability, while others (limited partners) have limited liability to the extent of their investment.

Documents required For  Partnership Firm incorporation:

  1. Partnership Deed: This is a vital document that outlines the terms and conditions of the partnership between the partners. It should include details like the firm’s name, business nature, partners’ names and addresses, profit-sharing ratio, capital contribution by each partner, term of the partnership, dispute resolution mechanism, and other relevant clauses.
  2. PAN Card of the Firm: You will need a Permanent Account Number (PAN) for the firm to operate bank accounts and file income tax returns.
  3. Address proof: Rent agreement or utility bills (not older than three months) of the place where the firm will operate serve as proof of residence.

For the Partners:

  1. PAN Card: Each partner must have a PAN card.
  2. Address Proof: Documents like Aadhaar card, Voter ID card, or passport can be used as address proof for the partners.

Additional Documents:

  1. Affidavit: An affidavit from each partner on a stamp paper, sworn before a notary, verifying the information provided in the partnership deed.
  2. Bank Account Details: Cancelled cheque or bank statement of the firm’s bank account.
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