A partnership is easy to form since no complex business formalities are required to be fulfilled. Partnership registration is not compulsory and in at the discretion of the partners whether they want to register the partnership firm or not.
But a partnership firm cannot avail legal benefits if it is not registered, hence it is always advisable to register it. Documents required for partnership formation (whether registered or not) are–
Although partnership deed can be oral, generally a partnership deed is written to avoid any future conflict. Partnership deed is created on a judicial stamp paper of Rs. 2,000/- and has to be signed by all the partners. It contains rights and duties of the firm and the partners.
Documents of Partners
PAN card of partners – All partners are required to submit their PAN number as identity proof.
Address proof of partners – Partners can submit Aadhar Card, Driving License, passport or Voter ID card as address proof. Name and other details on address proof should match PAN card details.
Documents of Firm
PAN card of firm – Partners need to apply for PAN of the firm. Form 49A has to be filed to apply for a PAN. It should be filled online by visiting https://www.onlineservices.nsdl.com/paam/endUserRegisterContact.html
It can be filed online if the authorised partner signs the application using a digital signature certificate. Else, the application and requisite documents have to be sent to PAN processing centre, Pune.
Address Proof of firm – If the registered office place is rented, rent agreement and one utility bill (electricity bill, water bill, property tax bill, gas receipt etc.) have to be submitted. Also, NOC from landlord will be submitted.
If the registered office place is own, utility bill has to be submitted mentioning the name of the owner. Also, a NOC from the owner (owner as mentioned in utility bill) has to be submitted.
Additional Documents in case of Registration
In case partners wish to register the partnership firm, they need to submit partnership deed, ID and address proofs of the firm as well as the partners to the Registrar of Partnerships. With it, an affidavit is also required to be submitted certifying that all the details mentioned in deed and documents are correct.
For obtaining a GST registration, a firm needs to submit PAN number, address proof and identity & address proofs of partner. Authorised signatory will sign the application either using a digital signature certificate or E-Aadhar verification.
Current Bank Account
For opening a current bank account, a firm needs to submit following documents:
1. Partnership deed
2. Partnership firm PAN card
3. Address Proof of the partnership firm
4. Identity proofs of all the partners
5. Partnership registration certificate (if partnership has been registered)
6. Any registration document issued by central or state government (normally GST certificate is submitted)
7. Copy of electricity bill, telephone bill or water bill (not more than 3 months old)
8. Authorisation letter on the letterhead of the firm authorising a partner as authorised signatory for the bank account.