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Conversion of Proprietorship to Partnership
Selecting Business structure plays the important role for Development and sustainability of any business. With Changing in requirements and growth, you have to bend your existing business into mold of the right corporate structure. when the operations of Proprietorship reach certain esteemed levels, a partner may be required to increase the efficiency and act as a catalyst for the faster growth of the present business. Thus, for conversion from Proprietorship to Partnership, the business is likely to pass through legal procedural requirements. Upon the Conversion, all the assets, liabilities and rights accompanied to proprietorship will be passed on to the partnership firm; subject to the consent of partners
Advantages of converting Proprietorship to Partnership
Assets and Liabilities
All the assets and liabilities of the firm immediately after the conversion are turned into the assets and liabilities of the partnership. All the movable and immovable properties, the accumulated loss and unabsorbed depreciation of Proprietorship automatically vest in the partnership automatically vest in the partnership
How we Work?
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Documents Required for Partnership Firm Registration
– If the proprietorship firm is licensed under GST or any other registrations obtained, forms need to be submitted to the concerned departments for change of status of the business.
– Latest statement of assets and liabilities certified by a CA.
Frequently Asked Questions
1. Who can be a Partner in a Partnership Firm?
An individual who is an Indian citizen and a resident of India can partner in a Partnership firm. Non-resident Indians and Individuals belonging to Indian Origin can invest in a Partnership only with the approval of the Government.
2. How many partners can be there?
Minimum: 2
Maximum in case of Banking business: 10
Maximum in case of Other business: 20
3. Whether the registration of partnership after conversion from proprietorship is mandatory?
It is not mandatory but recommended. If it is not registered, the firm cannot file a suit against any partner or third party. The partners also cannot sue the partnership firm for his/her claim. However, third parties can sue the firm to enforce their dues or claims. Due to non-registration, the rights of parties are not affected. Also, the partnership can be registered at any time after the formation to remove said effects.
4. What Documents are required to register a Partnership Firm?
For the partners, it is necessary to submit a PAN card along with the identity and address proof. It is recommended to draft a Partnership Deed which is to be signed by all the Partners.
5. Is it compulsory to file Income Tax Return by Partnership Firm?
A Partnership Firm must file the returns of Income irrespective of the number of profits or losses made by the Partners.
6. Why is Partnership Deed necessary?
The Partnership deed lays down all the Terms and Condition of the Partnerships. As it regulates the rights and duties of each partner. A Partnership deed is a very crucial document.
7. Can a new partner be admitted into the partnership firm?
A partner can nominate a successor to take his/her place in the event of death or retirement of the partner. The mode of introducing a new partner or successor is based on provisions in the partnership deed. A new partnership deed is required once the new partner is admitted into the firm.
8. Can Partnership Firm be converted into a LLP or Company?
Yes, there’s a specified procedure for converting a Partnership firm into a LLP or Company. However, the procedure is very cumbersome and time-consuming. It will be wise if an entrepreneur considers starting an LLP or a Company instead of a Partnership firm.
9. Who will register a Partnership firm?
Partnership firms are registered by the Registrar of Firms, under the Indian Partnership Act, 1932.
10. How can I transfer my Partnership firm?
There are restrictions on the transfer of ownership interest in a Partnership firm. A Partner cannot transfer his/her interest in the firm to any person (except to the existing partners) without the unanimous consent of all other partners.
11. Is a fresh GST registration required for the Partnership Firm?
Yes, you will have to apply for a new GST registration and then surrender the one taken in the name of proprietorship firm. You can get the GST registration done with Legalwiz.in at an additional cost.
12. What is the next step after filing for change from the sole proprietor to partnership?
The partnership firm shall also have to apply for registration under other statutes such as GST, Shop and Establishments Act and the likes; depending on the nature of the business. In case the sole proprietorship firm owns a trademark, the change regarding the inclusion of partner needs to be added in the trademark registry.
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