, How to make Partnership Firm in India (FORMATS) ~ CS GAURAV SHARMA

February 3, 2016

How to make Partnership Firm in India (FORMATS)

Application for Partnership Firm Registration shall be made with following documents:
1. Form No.1 - Application Form
2. Partnership Deed (Frankling - Rs. 500/-)
3. Rental Agreement/Affidavit (if Registered office is Own or relatives property and there is no . . . . . . . concept of Rent to be paid. )
4. PAN's, ID & Address Proofs of all Partners
5. Photographs & Finger Prints Copy (AS required under Registration Act 1908)

6. Proof of Proposed Registered Office [Electricity Bill/ Telephone Bill etc.]


Dummy form

FORM NO.1

THE INDIAN PARTNERSHIP ACT, 1932
APPLICATION FOR REGISTRATION OF FIRMS

 

By the* “M/s. XXXXX INFRATECH”



Presented/forwarded to the registrar of Firms for filing by Smt. Lakshmi Komitla   

We, the undersigned, being the partners of the firm “M/s. XXXXX INFRATECH”


 

Here by apply for registration of the said firm and for that purpose supply the following particulars, in pursuance of section 58 of the Indian partnership Act, 1932:-


The firm name” XXXXX INFRATECH”



Nature of business: Construction & Marketing Consultants.
Place of business:    (a) Principal place                               :  H.No.: 8-1-314/6/39,
                                                                                       Sanath Nagar,
                                                                                       Hyderabad – 500038,
                                                                                       Telangana, India.
                                (b) Other places                           :


            Name of partners in full*                   Date of joining                        Present address in full
The firm

1.         Lakshmi Komitla                               01st Feb, 2016             H.No.: 2-103,                                                                                                  Guntur Village,
                                                                                                 Guntur Mandal,
                                                                                                 Guntur - 523308,
                                                                                                 Andhra Pradesh.

2.         Gogineni Venu Babu                          01st Feb, 2016             Ongole Village,                                                                                                 Ongole,
                                                                                                            Prakasam - 523169,
                                                                                                                      Andhra Pradesh.


DURATION OF THE FIRM:                                                AT WILL

“DECLARATION”

                (i)  We solemnly and sincerely affirm and state that we, either individually or jointly are not involved directly in any activity which offend any rule of law or carrying out any business in contravention of any of the provisions of the state of Central Laws for the time being in force.
                                               
                                                                        1.

                                                                       

                                                                        2.


                                                                       
Station : Hyderabad                                                                                                    
Date    : 01st Feb, 2016                                                                        Signature of the partners of their
                                                                                            Specially authorized agents.


* Here enter the name of firm.

If any partner is a minor, the fact whether he is entitled to the benefits of partnership should be set-out here in.

N.B.:- The Form must be signed by all partners or their agents specially authorized in this behalf in the presence of a witness or witnesses who must be either a Gazetted Officer, Advocate, Vakil, Honorary Magistrate or Registered Accountant of I..T.P.
(Cont..2)




::2::

DECLARATION

1.                  Smt. Lakshmi Komitla, D/o Sivaiah Komitla aged about 30 years, resident of H.No.: 2-103, Guntur Village, Guntur Mandal, Guntur - 523308, Andhra Pradesh, religion Hindu do hereby declare that the above statement is true and correct to the best of my knowledge and belief.


Date                : 
Witness           :                                                                                      Signature






2.                  Sri. Gogineni Venu Babu, S/o Gogineni Basavaiah aged about 36 years, resident of Ongole Village, ongole, Prakasam - 523169, Andhra Pradesh, religion Hindu do hereby declare that the above statement is true and correct to the best of my knowledge and belief.


Date                : 
Witness           :                                                                                      Signature





PARTNERSHIP DEED FORMAT

THIS DEED OF PARTNERSHIP IS MADE AND EXECUTED ON THIS THE 01ST DAY OF FEBRUARY,  2016 AT HYDERABAD, TELANGANA BY AND BETWEEN:
1.          Smt. LAKSHMI KOMITLA, D/o. Sivaiah Komitla aged about 30 years, resident of H.No.: 2-103, Guntur Village, Guntur Mandal, Guntur - 523308, Andhra Pradesh, hereinaft­er called the party of the First Part. (Which terms so far as the context will admit include his heirs, successors and assigns)
And
2.        Sri. GOGINENI VENU BABU, S/o Gogineni Basavaiah, aged about 36 years, resident of Ongole Village, Ongole, Prakasam - 523169, Andhra Pradesh, hereinaft­er called the party of the Second Part. (Which terms so far as the context will admit include her heirs, successors and assigns).
Both the parties hereinafter referred to as partners.

WHEREAS the above parties hereto agreed mutually to constitute a partnership between themselves to carry on India the business of Construction & Marketing Consultants and other related activities connected thereto or any other business as decided by the partners from time to time.

NOW THIS DEED WITNESSETH AND THE PARTIES HERETO MUTUAL­LY AGREED THAT THEY SHALL BE CARRY ON THE SAID BUSINESS ON THE TERMS AND CONDITIONS HEREIN AFTER CONTAINED:
1.       NAME OF THE FIRM:  The name and style of the firm of partnership shall be M/s. “XXXXX INFRATECH”. The partners shall be entitled to carry on business under any other name and/or names as may be agreed upon mutually from time to time.
2.       PLACE OF BUSINESS: The principal place of the Business of the firm shall be at                       H.No.: 8-1-314/6/39, Sanath Nagar, Hyderabad-500038, Telangana, India and/or any other place as mutually agreed upon from time to time.
3.       NATURE / OBJECTIVES OF BUSINESS: This partnership Firm is formed with the primary object of carrying the business of Builders, Contractors, Developers, Interior Decorators & Designers, Marketing Consultants and other related activities connected thereto or any other business as decided by the partners upon conditions embodied in the partnership deed under the name and style of “M/s. XXXXX INFRATECH”.
4.       COMMENCEMENT: The new partnership firm shall be deemed to have commenced     business on and from 01ST Day of February, 2016.
5.       CAPITAL AND INTEREST ON CAPITAL:  The capital of Partnership business as and when considered to be necessary and expedient for the purpose of carrying on business of partnership shall be contributed by the partners in the proportions as may be mutually agreed upon. Such capital account shall carry simple interest at the rate of 12% per annum or such lower / higher rate as may be prescribed under Section 40(b) (iv) of the Income Tax Act, 1961.
6.       WITHDRAWALS:  No partner is authorized to draw amounts without the consent and sanction of the other partners for his/her personal affairs. The Current Account of the partners shall be charged with interest at the rate of 12% p.a.
7.       SHARE OF PROFIT/LOSS: The net profit and/or loss of the partnerships business after the payment of all expenses or other outgoings including the capital profit and / or loss of any of the partnership firm shall be divided as under :
                (a)  Smt. LAKSHMI KOMITLA                                                               50%
                (b)  Sri. GOGINENI VENU BABU                                         50%
                                                                                            Total:            100%
8.       MANAGING / WORKING PARTNER: It is decided that both the partners shall contribute their services whole time to the firm and both the Partners of the Firm shall be the Working Partners of the Firm. Both the partners are authorized to enter into contracts, agreements with any individuals, business organizations, and corporate bodies to represent the firm and to sign documents on behalf of the firm before any government authorities or commercial organizations.
9.       SALARY, BONUS AND COMMISSION: Each of the working Partner shall be paid a minimum remuneration of Rs. 10,000/- per month towards the services rendered by them to the Partnership. The Maximum amount of remuneration payable to the partners shall be computed in accordance with the provisions of Sec. 40b (v) of the Income tax Act 1961, in force from time to time, and the aggregate amount of the remuneration so arrived at shall be distributed equally among the partners. The amount of remuneration may be increased, decreased or waived with the mutual consent of all the partners in future.
10.   BORROWINGS: The party of the First Part and The Party of the Second Part are authorized to pledge, mortgage, hypothecate the property/assets of the firm to borrow loans and advances from persons, firms, companies, or banks, such money as may be required for the purpose of the business of the firm.
11   BANK ACCOUNTS: That the Partnership firm may open a bank account or accounts in name of the firm with any bank or banks and shall be operated by First Part individually.
12     BOOKS OF ACCOUNTS: The books of accounts of the partnership firm shall be kept in the safe custody of the partners and each party shall have free access over them.
13   ANNUAL ACCOUNTS: That on 31st March of every year the profit and Loss Account and the Balance Sheet shall be drawn up and the net profit and loss of the partnership as determined shall be duly adjusted between the partners in the proportions as set-forth Para 7 above.  The First accounting year ending of the firm shall be 31st March 2016.
14     ADMISSION OF NEW PARTNER: The partners with mutual consent of all may decide to admit any new partner, in addition to the present partners.
15     NOTICE OF RETIREMENT: Any partner who wishes to retire from the Partnership Firm shall give ONE MONTH notice to the other partners expressing his desire to do so.
16     ALTERATIONS OR ADDITIONS OF ANY CLAUSE OF THIS PARTNERSHIP DEED : Notwithstanding anything stated or provided herein the parties shall have full powers and discretion to modify, alter or vary the terms and conditions of the partnership Deed in any manner think fit by mutual consent which shall be reduced to writing shall become appendage and part of this Deed.
17     ARBITRATION: That in the event of any dispute between the parties or their legal representatives about the interpretation of this deed of their rights and liabilities   there under or any matter   whatsoever   touching upon the partnership affairs whether in course or on or about termination of the partnership or thereafter shall be settled by arbitration and the provisions of the Indian Arbitration Act, shall in that behalf apply.
18     DURATION OF PARTNERSHIP: The duration of the partnership shall be “AT WILL”.
19     This deed of partnership executed with FREE WILL and CONSENT of all the partners.
IN WITNESSETH OF THE PARTIES herein above mentioned do hereby set their hands in the day and year mentioned above in the presence of the following witnesses.


WITNESS:


1)                                                                                    1. (Smt. LAKSHMI KOMITLA)


           
        2)                                                                                            2. (Sri. GOGINENI VENU BABU)

                
                RENTAL AGREEMENT
                This Rental Agrttment is made and executed on the 01st February, 2016 at Hyderabad by:
Mr. B. Kumar, S/o B. Venugopal rao aged about 52 years, occupation Buisness, H.No.: 8-1-314/6/39, Sanath Nagar, Hyderabad-500038, Telangana Hereinafter called the ‘LAND LORD’
                                                                                      IN FAVOUR OF
Mr. V. Lakshmi, D/O. K. Sivaiah aged about 30 years, occupation Business, residing in H.No.: 2-103, Guntur Village, Guntur Mandal, Guntur - 523308, Andhra Pradesh Hereinafter called the TENANT.
Whereas the Landlord is the absolute owner possessor of the H.No.: 8-1-314/6/39, Sanath Nagar, Hyderabad-500038, Telangana hereinafter called the ‘SAID POPERTY’.Whereas the Land Lord has offered to let out the said property on a monthly rent including maintenance /corporation tax charges of Rs. 6,500/- (Rupees Six Thousand Five Hundred only) and the Tenant has accepted the lease. The period of the lease is for a period of Eleven Months only commencing from 01-02-2016 and ends 31-12-2016. The terms and conditions of the lease accepted by the both parties are as fallows.

NOW THIS DEED WITNESSES:

1)      WHEREAS the TENANT shall carry on business in the said premises with cleanliness.

2)      WHEREAS the TENANT shall pay Rs.6,500/- (Rupees Six Thousand Five Hundred only) being the monthly rent inadvance every English Calendar month on or before 7th every month.

3)      Cheque payments are preferable.  If cheque is bounced, Suitable legal action will take as per rental act.

4)      WHEREAS the TENANT desires to continue lease beyond the lease period, such continuance shall be on execution of a fresh rental agreement on such revised terms as may be then  decided and accepted by both the parties in writing depending upon the prevailing conditions at that time

5)      WHEREAS the TENANT shall not carry on any offensive/unlawful trade or business in the said property.

6)      WHEREAS the TENANT shall do white/ colour washing, and wear and tear repairs accordingly.

7)      The TENANT is at liberty to make and fix his own furniture and fixtures to suit at his own cost, which he can take back at the time of vacanting the building. The Tenant must return the said property in same tenantable condition at the end and expiry of tenancy.

8)      WHEREAS the TENANT shall not make any kind of material alterations affecting the value and utility of the Building without prior written approval of the Landlord. The Tenant has to undo changes at his cost.

9)      WHEREAS T the TENANT shall bear the charges for water bill, electricity bills, and Welfare charges pertaining to the said property.

10)   The TENANT Shall permit the land lord or his nominee to inspect the said property at any time on an oral notice.

11)   If the TENANT fails to pay rent for any two consecutive months, the landlord is entitled to evict the tenant from the premises as per the Rental act.

12)   The premises shall be vacated on (1) one month (s) notice in writing on either side vi., by the LANDLARD  or TENANT.

13)   After completion of Eleven months the tenant shall pay 10% extra rent on the previous year Provided Land lord agrees for the Extension.

14)   No anti social elements shall be permitted as helpers in running the business.

15)   No hindrance should be caused to neighborhood affecting peace and serenity.

WHEREAS the terms ‘LANDLORD’ and ‘TENANT’ shall means and include all the heirs, assings, successors, etc., of the respective parties, as the parties themselves, unless the context otherwise mean.
SCHEDULE OF PROPERTY
H.No.: 8-1-314/6/39, Sanath Nagar, Hyderabad-500038, Telangana.
IN WITNESS WHERE OF THE PARTIES HAVE SIGNED THIS DEED ON THE DAY AND YEAR FIRST ABOVE WRITTEN
 WITNESS                                                                                                             LANDLORD

1.                                                                                                     OWNER




2.                                                                                                               TENANT

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