PARTNERSHIP DEED & FIRM REGISTRATION – COMPLETE GUIDE
A Partnership Firm is one of the most common business structures in India, ideal for small and medium-sized enterprises run by two or more individuals. The Partnership Deed acts as the legal document that defines the mutual rights, duties, and obligations of partners — forming the foundation of the firm
WHAT IS A PARTNERSHIP DEED?
A Partnership Deed is a written agreement between two or more persons who agree to carry on a business together and share profits and losses. It defines how the partnership will operate and helps prevent disputes by clearly laying out the roles of each partner.
It can be oral or written, but a written and registered deed is strongly recommended for legal validity and smooth functioning.
Why Register a Partnership Firm?
Although Partnership Registration under the Indian Partnership Act, 1932 is optional, registration provides legal protection and several advantages such as:
- Ability to sue or be sued in the firm’s name
- Proof of existence of the firm
- Legal enforceability of rights under the Partnership Deed
- Better credibility with banks, clients, and government authorities
CONTENTS OF A PARTNERSHIP DEED
A good partnership deed should clearly include the following key clauses:
- Name and Address of the firm and partners
- Nature of business
- Capital contribution of each partner
- Profit and loss sharing ratio
- Duties, powers, and responsibilities of each partner
- Rules regarding admission, retirement, or removal of partners
- Interest on capital, loans, and drawings
- Salaries or commissions (if any) to partners
- Bank account operation details
- Accounting and auditing methods
- Dispute resolution mechanism
- Duration of the firm (if not perpetual)
STAMP DUTY FOR PARTNERSHIP DEED
Stamp duty varies by state and the capital invested in the firm. For example:
- ₹500 – ₹2,000 for small capital
- Higher slabs for large capital contributions
VALIDITY OF PARTNERSHIP DEED
The deed remains valid till dissolution or mutual modification by the partners. Amendments can be made any time with mutual consent and need to be executed on fresh stamp paper.
ADVANTAGES OF A PARTNERSHIP FIRM
- Easy to form and manage
- Low compliance cost compared to companies or LLPs
- Shared decision-making among partners
- Flexibility in operations and profit distribution
- Quick conversion option to LLP or Private Limited Company later
