In Afsal Baker v. Maya Printers,3 the court held that the unregistered partnership had the legal right to seek redress under the Negotiable Instruments Act, 1881, in the event of an uncashed cheque, implying that the unregistered partnership has the legal right to remedy the situation and seek compensation. The action brought by the unregistered partnership cannot be dismissed on the ground that it is based on Article 69(2) of the Law on partnerships. Only the submission of an application in accordance with the procedure laid down in Article 58(1) of the Law to the Companies Registry in the prescribed form, indicating the information provided by the partnership and its members and the prescribed fee, is not sufficient to satisfy the abovementioned conditions. The registration certificate in the prescribed form should be made available to the partners of the law firm and an entry of the declaration submitted in accordance with Article 58(1) should be entered by the registrar in the companies register before bringing the action. Q.3:- If there are no contractual provisions between the partners for the duration of their partnership or for the determination of their partnership, the company is designated as follows: Â Â Â Â It cannot request an adjustment for an amount greater than Rs. 100. Suppose an unregistered company owes Rs. 1200 to X and X owes Rs.1000 to the company. The company cannot assert an adjustment of Rs.1000 in court. «20. In the Haldiram Bhujiawala case [see below], this Court took note of the recommendations of the Special Committee in its report, which were taken into account by the legislature when adopting the Partnership Act 1932.
The Committee recommended that company registration be made optional, as it considered that mandatory registration was too drastic to start in India. It was suggested that registration should be entirely at the discretion of the company or partner concerned, but any company that has not been registered will not be able to assert its claim against third parties in the civil court; and any partner who is not registered will not be able to assert its claims against third parties or against other partners. Paragraphs 18 and 19 of the report read as follows: (SCC, pp. 259-60, paragraph 18)»18. Once the registration has been made, the declaration of incorporation of the law firm registered in the register constitutes conclusive proof of the facts it contains against the partners who do so, and no partner whose name appears in the register can deny that it is a partner, with certain natural and appropriate exceptions, which will be indicated later. This should provide strong protections for people who deal with companies against false refusals of partnership and circumvention of responsibility by essential members of a society. 19…On the other hand, a third party dealing with a company and knowing that a new partner has been introduced may either make the registration of the new partner a condition for the continuation of business, or, with the certain security of the other partners and the possibility of proving by other evidence the partnership of the new but unregistered partner, Content. A third party who deals with a company without knowing about the addition of a new partner will only rely on the loan of the old partners and will not be affected by the failure to register the new partner. `2.
It may not bring an action against any of its members Proceedings may not be instituted if the names of the members do not appear in the registers of the companies register. It should be noted that such actions are excluded as they are directly related to the contracts concluded by the non-registered partnership in the context of its normal commercial relations. Article 69(2)(1) states that the registration of a register is necessary to confer legal personality on it and that there is therefore a conditional condition or precedent for bringing an action by and on its behalf against a third party. Q.19:- Regardless of whether or not a shareholder continues the activity under the former name of the company after the dissolution of the partnership Q.4:- What information must be provided to the registrar of firms of a general partnership: it is obvious that a legal action of an unregistered company cannot be maintained and the blockage under article 69 of the law touches on the root or institution of the prosecution. If a company is not registered or if the conditions set out in § 69, paragraph 2, are not met, the partners of the law firm may take legal action, but then all these partners must be joined as plaintiffs. If the conditions specified in § 69 (2) are met, i.e. the company must be registered and the plaintiffs must or have been identified in the companies register as partners of the law firm, an action may be brought by or on behalf of the partnership on behalf of the company. Q.34: How the settlement of debts will be carried out if joint debts are owed by the Company, as well as separate debts owed by a partner: (ii) This unregistered company or the partners mentioned in the subsection must sue the third party defendant. The Indian Partnership Act of 1932 effectively registered a partnership without making it compulsory. I applied online for the registration of a company deed, the deed started in 2017, I register in 2017, but when paying online, it indicates the penalty 4000 / — Can anyone tell me why the penalty 4000 / — is deducted? The logic behind the granting by the courts of an exception to Article 69(2) is that the provision would be applicable only in cases where the action brought is directly related to contracts concluded with third parties in the ordinary course of business. Although there are regulations that govern partnerships in India; A large majority of partnerships are not registered and, in the case of legal rights, an unregistered firm would have no legal recourse. (i) the applicant company cannot be registered in accordance with the provisions of the Partnerships Act on the day of the action and, therefore, or even otherwise, the plaintiffs are not registered as partners of the law firm in the companies register on the day of the action.
The application must be signed and examined by each partner and then submitted to the Registrar of Firms in the territory in which the head office of the corporation is situated or which must be situated. The registration fee will also be deposited with the registration. Once the application has been submitted, the Registrar reviews the application. If he is convinced that everything is in order and that all the legal formalities have been respected, he will register in the commercial register. It will also issue a registration certificate.