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Registration and Dissolution Hasib

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REGISTRATION AND

DISSOLUTION OF
PARTNERSHIP
By HASIB H. BAIG
PhD LAW (SCHOLAR)
ADVOCATE HIGH COURT
Objectives
 Process of registration of partnership.

 Formalities and documents of partnership

 Dissolution of partnership
LEGAL FRAMEWORK
CONSULTED
 The partnership Act, 1932

 Procedure of Registration in ICT.

 All other enabling laws.


Registration of Partnership
• Partnership is relation between two
or more persons who have agreed
to share the profits of a business
carried on by all or any of them
acting for all.

• Registration is a task of listing


name of the business in the
registration office. Actually
registration of partnership means
the registration of partnership deed.
According to the Partnership Act ,
registration is not compulsory but
encourages doing it.
Registration of partnership
• The contents of a application form for
registration are as follows:
• Name of the partnership business
• Location of the business.
• Objectives of the business.
• Name, address and profession of the partners
• Amount of investment by each partner.
• Date of joining the partners.
• Starting date of partnership business.
Procedure for Registration in ICT
• Partnership registration is provincial subject; provincial government is
responsible to regulate partnership matters. Every provincial government has
appointed Registrars of Firms in all major cities of the country.
• Partnership Act 1932, is sole statute to regularize all matter relating to
partnership business, for instance registration, retirement and death of
partners and dissolution of firms.
• Capital Administration and Development Division is responsible to administer
which are in the domain of provincial government. Two or more partners can
form a firm in line with the provisions of Partnership Act, 1932 for starting a
business in Pakistan.
• Once firm registration process is complete you get to enjoy certain statutory
right which non-registered firm are unable to enjoy.
Procedure for Registration in ICT
We have to complete documents as mentioned in the below section for the registration of firm in
Islamabad.
• Fill the form (Form-I) and fill it properly.
• Prepare a Partnership Deed on a Stamp Paper.
• Submit registration fee in the National Bank of Pakistan (NBP) through a Challan Form under
the Head of Account: C-03545
• Prepare an affidavit regarding accuracy of papers and existence of office on a stamp paper.
• We have to Visit Industries Department located in ICT Agriculture Complex, Mauve Area, G-
11/4, Islamabad to submit your application along with documents.
• All the Partners / Witnesses would be required to appear in person along-with their original
valid C.N.I.C before the Registrar of Firms.
• We have to Collect your Certificate on the date provided by the office.
Documents Required
Documents Required
I. Form-I
II. Partnership Deed on a Stamp Paper of Rs. 1000/-
III. Receipt regarding submission of Registration Fee in NBP
IV. Affidavit on a Stamp Paper of Rs. 5/-
V. Copy of lease agreement / ownership of the office address
alongside a copy of a utility bill (Office of the Firm should be in
Commercial Area)
VI. Copy of Computerized valid N.I.C of all the Partners and
Witnesses.
Dissolution of partnership

• Dissolution of partnership may occur when one of the partners want to


cancel the contract or according to the deed.
• There are various methods of dissolution:
• Dissolution by agreement: According to the Partnership Act, by consent of
all the partners of business, it will be resolve any time which was written in
the partnership deed.
• Compulsory dissolution: According to the Partnership Act, the compulsory
dissolution take place under the following circumstances: By the happening
of an event which makes it unlawful for the business. By the adjudication of
all the partners or of all the partners but one as insolvent.
Dissolution of partnership

Dissolution due to the happening of certain contingencies : According to the


Partnership Act, dissolution under the following circumstances:
• When the partnership for a certain period of time, the partnership business
will dissolution after end of the period.
• By the retirement of a partner to business will be dissolved if there is no
agreement to the contrary.
• By the death of one or more of the partners, unless there is a contract to
the contrary. The completion of a particular adventure.
Dissolution by notice: According to the Partnership Act, the partnership
business be resolve by giving notice to other partner.
Dissolution of partnership

Dissolution by the court: In case, any partner give complain against


one or more of his co-partner, the court may dissolve the
partnership on any of the following grounds:
• If a partner becomes imbalance.
• If a partner becomes permanently incapable of doing work.
• If a partner frequently break of the partnership agreement.
• If a partner has transferred the whole or part of his interest to a
third party, which is not lawful .

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