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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

    Capital

    No need of fixed capital investment. The partners can mutually decide on their individual investment in the firm and then divide the stakes accordingly.

    Rights and Liabilities of Partners

    Liability of Partners can be shared, the partners share the responsibility to work and manage the business. Partners share rights and liabilities in the business, dividing the burden of responsibilities among them

    No Capital Gains tax charged on transfer of property

    Minimum Compliance requirement and Annual filing not required.

    Financial Returns

    No Capital Gains tax shall be charged on transfer of property from Proprietorship to Partnership firm. The reduction of tax liabilities indirectly increases the amount of money earned which results in an increase of net worth of all the partners

    Minimum Compliance

    Various Financial Returns to the Partners from Partnership Firm.

    How we Work?

    Step 1

    Fill-up our Contact Form and Submit

    Step 2

    Our Expert/ Legal Professional will contact you and provide brief guidance into the related context

    Step 3

    All Required Documents and Details to be provided as discussed with our Expert

    Step 4

    Once all required documents are received, Our Expert will prepare and verify your application.

    Step 5

    Drafting of Partnership Deed and Review and confirmation from Partners

    Step 6

    Payment of Stamp Duty on Agreement and Notarization of Partnership Deed

    Step 7

    Filing of application for Conversion of Proprietorship to Partnership.

    Documents Required for Partnership Firm Registration

    PAN card

    A self-attested copy of PAN card of all Partners

    Partners Identity Proof

    A self-attested copy of Aadhaar Card/ Voter ID/ Passport/ Driving License of all Partners.

    Partners Address Proof

    A self-attested copy of Aadhaar Card/ Voter ID/ Passport/ Driving License/ Bank Statement not older than 2 Months/ Utility Bills not older than 2 Months of all Partners.

    Office Address Proof

    Copy of Electricity bill or Sale Deed or rent agreement and latest self- attested electricity bill in case of rented accommodation not older than 2 months.

    NOC from owner

    No Objection Certificate to be obtained from the owner(s) of registered office.

    Business Activity

    Description of main business activity intended to perform

    – 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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