PARTNERSHIP DEED FOR CA FIRM

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MAYANK (Querist)

05 January 2010 1>Can the date of the stamp paper be after the partnership is entered to by the partners.

2> I have a sole proprietorship CA Firm now I am going to admit a partner. Pls send me the relevant Partnership deed.
(camcandco@rediffmail.com)

Thanks & Regards

CA Tilak Raj Sharma

CA Tilak Raj Sharma (Expert)

05 January 2010 It is not possible for anyone professional to send you their partnership deed.

You can draft a deed like other partnership deed and add the below clause:

1. Restriction on partners to practice on other name
2. Admission of new partners
3. Who is the principal partner
4. How to deal with the cases of audit objections.....firm is responsible or partner.like satyam case

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CA RITESH JUNEJA

CA RITESH JUNEJA (Expert)

22 January 2010 NO BODY ANSWERED THE : Can the date of the stamp paper be after the partnership is entered to by the partners.

Guest

Guest (Expert)

12 February 2010 Date of creation of any document can not be prior to the date of stamp paper.
So please be sure that date of document can be date of stamp paper or any further date but not earlier.

CA RITESH JUNEJA

CA RITESH JUNEJA (Expert)

12 February 2010 But My dear Mr R P Karal the partnership law in India has permitted the formation of pship without deed.What about those firms which go for registeration somewhat at later stage,will the law do not recognise that the real pship was formed earlier,e.g. PARTNERS IN A FIRM SIGN A PARTNERSHIP AGREEMENT ON PLAIN PAPER IN BACK DATE i.e. ACTUAL DATE OF PSHIP.,In my opinion in a deed on stamp paper if the date of formation of pship is mentioned (i.e. the earlier date) and it`s written that `the partners now hereby have reduced the agreement in writing in form of this deed`----. You will recall that the Indian Contract Act 1872 says that a contract/agreement can be oral also and that is equally valid and enforceable like other contracts. What1s your opinion ?

CA RITESH JUNEJA

CA RITESH JUNEJA (Expert)

12 February 2010 its true the partnership act imposes certain inabilities on unregistered firms,but here we are talking about legitimacy of the partnership agreement entered on a stamp paper at a later date.

sonam patil

sonam patil (Expert)

28 March 2011 Dear sir,

Plz send me the when to file DIN 3 & and it is require to file when Director as appointed after 1st July 2010.
Plz send replay of that case.

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