Allied Laws

Partnership Firms – Procedures (Maharashtra)

Sr. No.

Subject

Form No.

Time Limit

Sec.

Enclosures

Filing Fees ₹

Other Charges

Penalties

Docs and Stamp Duty Amt.

Sec.

Amt.

1

Appeal against refusal by Registrar to register the firm under a particular name

Plain paper

30 days

58(4)
  1. Copy of order appealed against
  2. Copy of receipt

1600

—

—

—

—

2

Registration

A

1 year

58(1) & (1A)
  1. Forwarding letter with ₹ 5 court fee stamp
  2. ₹ 10 Non-judicial stamp paper
  3. Copy of partnership deed certified by CA/HC Advocate/any other officer
  4. Marathi translation of Partnership deed duly certified by CA or Advocate

1500

100

59A-1

₹ 1000/- per year or part thereof

Instrument of Partnership w.e.f. 24-4-2015

  1. ₹ 500 for no share contribution or share contribution in cash up to ₹ 50,000 and
  2. Where such share contribution brought in by way of cash is in excess of ₹ 50,000 then ₹ 500 plus one per cent of the amount of share contribution in excess of ₹ 50,000 subject to a maximum of ₹ 15,000
  3. For share of contribution brought in by way of property (excluding cash, — same duty will be leviable as on conveyance on the market value of the property)

3

Change in principal place/nature of business/firm name

B

90 days

60(1)

As per enclosures 1 & 2 mentioned under Sr. No. 2

1000

200

69A

₹ 2000/- year or part

With effect from 24-4-2015, Supplementary Deed on the Stamp Paper of ₹ 500 is required to be executed stating the facts as mentioned in Form B as concrete evidence. An attested copy of such deed is required to be submitted along with the notarised Form B. Proof for date of change like certified copy of possession letter, Sale Deed, Leave License Agreement or copy of Supplementary Deed

4

Opening and closing of branches

C

90 days

61

As per enclosures 1 & 2 mentioned under Sr. No. 2

1000

200

69A

₹ 2000/- year or part thereof

With effect from 24-4-2015, Supplementary Deed on the Stamp Paper of ₹ 500 is required to be executed stating the facts as mentioned in Form C as concrete evidence. An attested copy of such deed is required to be submitted along with the notarised Form C. Proof for date of change like certified copy of possession letter, Sale Deed, Leave License Agreement or copy of Supplementary Deed

5

Change in the Name and Address of the Partner

D

90 days

62

As per enclosures 1 & 2 mentioned under Sr. No. 2

1000

200

69A

₹ 2000/- year or part thereof

With effect from 24-4-2015, Supplementary Deed on the Stamp Paper of ₹ 500 is required to be executed stating the facts as mentioned in Form D as concrete evidence. An attested copy of such deed is required to be submitted along with the notarised Form D.

6

Change in Constitution — Admission/Retirement/ Dissolution/Death of Partner

E

90 days

63

As per enclosures 1 & 2 mentioned under Sr. No. 2

1000

200

69A

₹ 2000/- year or part thereof
  1. Instrument of Partnership on re-constitution of the firm: Stamp duty as under Sr. No. 1 or 2
  2. Instrument of Dissolution/Retirement
  1. Where immovable property is given to a partner other than the partner who brought in that property stamp duty will be leviable as on conveyance on the market value subject to a minimum of ₹ 100.
  2. Any other case — ₹ 500 w.e.f. 24-4-2015

7

Minor attaining majority and elects to become/not to become a Partner

F

90 days

63(2)
  1. As per enclosures 1 & 2 mentioned under Sr. No. 2
  2. Copy of Advertisement published in one vernacular local newspaper

1000

200

69A

₹ 2000/- year or part thereof

In case he elects to become partner and brings in share contribution, same as Sr. No. 2. In case he does not become partner, same as Sr. No. 6

8

Change in Profit/Salary/Interest

—

—

—

Not required to be submitted to ROF

—

—

—

—

Supplementary Deed ₹ 500 W.e.f. 24-4-2015

9

Rectification of Mistakes

—

—

64(2)

An application for certification

1000

200

—

—

Documentary proof of Rectification with enclosure 2 mentioned under Sr. No. 2

10

Inspection of Register

—

—

66(1)
  1. An application for Inspection
  2. Copy of Receipt

100

—

—

—

—

11

Inspection of documents

—

—

66(2)
  1. An application for Inspection
  2. Copy of Receipt

100

—

—

—

—

12

Certified copy

—

—

67
  1. An application for certified copy
  2. Non-judicial Stamp Paper of ₹ 10

₹ 100 Per 100 words or part thereof

—

—

—

—

13

Intentional furnishing inaccurate/false particulars

—

—

—

—

—

—

70

Fine/ imprisonment for a term which may extend to one year or both

—
  1. Forms A, B, E should be signed by all the partners (including the retiring partner). Forms C and D by any one partner and Form F by partner attaining the age of majority. All the forms must be signed before Notary/Magistrate. The Marathi Translation which is required to be filed at the time of registration of firm is required to be certified by Chartered Accountant, Advocate or Notary. Marathi Translation should not be in the form of using English words in Marathi Script. For example, construction should not be written in Marathi as but . In cases of retirement, Form E should be signed by both Incoming and Outgoing Partner/s or two separate E forms duly signed each for admission and retirement respectively are required to be submitted along with the Instrument of Partnership and Retirement Deed.
  2. Fees include copying charges, where applicable.
  3. The above rates have been revised and applicable w.e.f. 12th February, 2014.

Tips to avoid objections from Registrar of Firms (ROF) in respect of forms filed.

  1. Stamp paper must be in the name of firm or partners.
  2. If change in constitution is simultaneous with change in address, both Forms E and B or D are required to be filed. Even if the changed address is mentioned in partnership deed, it cannot be considered as notice of change unless Form B or D is filed.
  3. Change in Karta of HUF is required to be intimated to ROF. If the change of Karta is due to the death of Karta, then the change can be intimated by filing Form ‘E’ within 90 days along with copy of Death Certificate of Karta duly attested. No Supplementary deed is required.
  4. Date of filing of documents must be within one month of such notarisation.
  5. Always check date of stamp paper, date of execution of deed and effective date of partnership deed.
  6. In respect of change of name and address of a partner due to her marriage, Form D should be filed in 90 days. The submission should include attested copy of marriage certificate containing changed name and address. A Supplementary deed is not necessary.
  7. Always match the deed with the information being filled in the form and compare it with last entry on record.
  8. Ensure that the seal of Notary is put with Red ink and initials of Notary on all pages of the document or form, which is notarised. Do not forget to obtain Name and Address stamp of the Notary on the notarised document or form, along with serial number in the Notary Register of the document being notarised.
  9. In case of rectification application filed under section 64, requesting correction of error on account of spelling mistake or omission of any submission, etc. signature of all existing partners is necessary on the said application. However, letter of authority to appear before the Registrar of Firms for personal hearing can be signed by any one of the existing partners.
  10. After a personal hearing, you are required now to make an application in writing to obtain a copy of order which states the amount of fine payable because of delayed submissions. After you receive the said order, you can pay fine and then receive entry on record on a stamp paper of ₹ 10 supplied by you along with the submissions.
  11. In case of Partnership Firm of Chartered Accountants, Partnership Deed of the said firm must be attested by a Chartered Accountant other than the partner of the said firm.
  12. The stamp paper which is used for execution of Deed of Partnership should be dated within 6 months of the date of issue of such stamp paper. (w.e.f. 1-12-1989).
  13. The object Clause of certain firms may state that specific permission / registration / legal compliance is required to do any business. In case such permission etc. is not available at the time of registration of firm, then a notarised declaration in the form of Affidavit is required on the stamp paper of ₹100/-, signed by all partners is required to be submitted in original along with Form A. (e.g., IEC Number in case of Import/Export Business or Liquor Licence in case of Wine Shop). (w.e.f. 31-8-2005)
  14. Any person representing a firm to collect any document or discuss any matter with the ROF should submit /produce a letter of authority signed by all partners. (Circular dated 20-1-2007)
  15. As per circular dated 4-2-2010 it was necessary that affidavit for early scrutiny to be signed by all partners. It was noticed that some partners with their signatures file such affidavit and get the changes recorded which was thereafter challenged by some other partners. This facility has been withdrawn after inspection in January 2012 vide report dated 13-3-2012 and letter to that effect issued on 20-3-2012 by Government of Maharashtra as it was noticed that this facility is being misused to take up the matter out of turn and resulting piling up of other papers.
  16. It should be noted that in present system of online submission of forms in addition to Form A which is required to be filed at the time of Registration only one form in each of the other changes i.e. Form B, C, D, E, F can be filed. The present software does not allow to upload two or more forms for changes in case of Form B, C, D, E & F. For example, after registration if there are two or more changes in constitution or nature of business, only one necessary Form E or B as the case may be can be uploaded and after recording of the effect of such form second such form can be uploaded. This is applicable only to those firms who are registered online.

Recent changes in procedure for ROF.

W.e.f. 20th February, 2013 a firm can be registered only online by way of following certain procedures. Refer website of ROF, Maharashtra, where general instructions to fill up Form “A” for New Registration have been mentioned. It is necessary to note that subsequent changes, if any, in case of firms registered online are supposed to be intimated only online by way of uploading Forms B, C, D, E or F as the case may be within prescribed time. Non-filing of any forms in time (A to F) shall attract penalty as applicable. (https://rof.mahaonline.gov.in/).

Registration status of firms registered online shall be checked periodically online only. Personal visits to ROF office to inquire are time consuming. Please use user ID/ password created to upload the concerned form to check present status. Always use ledger paper (green paper) to take printouts of forms submitted online and for execution of Partnership Deed. If the printout of the forms submitted online is running into more than one page (back to back) take signatures of all signatories to that form on all pages. This instruction should be followed particularly in case of Form A filed online which consists of four to five pages.

Payments

At present payment of fees which includes Filling Fees for Registration, Changes, Inspection, True Copy, True Extract and Fine are required to be paid online and payment of fees by cash, Demand Draft, Pay Order etc. is no more available. For payment https://rof.mahaonline.gov.in