To register a partnership firm in Pakistan, follow the procedures outlined in The Partnership Act, 1932. Here’s a detailed guide:
1. Application for Registration
- When to Apply: A firm can be registered at any time (The Partnership Act, 1932, Section 58).
- Where to Apply: Submit the application to the Registrar of the area where the firm’s place of business is situated (or proposed to be situated).
- How to Apply (Sindh) As per The Partnership (Sindh Amendment) Act, 2022 , Section 5, application can be submitted manually or through online portal, accompanied by statement in prescribed form (Form-I) and fee.
2. Documents and Information Required
Prepare a statement including the following details (The Partnership Act, 1932, Section 58):
- The firm name
- The place or principal place of business
- Names of any other places where the firm carries on business
- The date when each partner joined the firm
- Full names and permanent addresses of the partners
- The duration of the firm
3. Signing and Verification
- The statement must be signed by all partners or their authorized agents.
- Each person signing the statement must also verify it as prescribed.
4. Restrictions on Firm Names
Ensure the firm name does not include prohibited words (The Partnership Act, 1932, Section 58):
- “Government”
- “Jinnah”
- “Quaid-i-Azam”
- Words expressing sanction, approval, or patronage of the Federal Government, any Provincial Government, or the Quaid-i-Azam, unless the Provincial Government consents in writing
- The name of the “United Nations” or its abbreviations without authorization from the Secretary-General of the United Nations
- The name of the “World Health Organization” or its abbreviations without authorization from the Director-General
- Any word declared undesirable by the Provincial Government via notification in the official Gazette
- A firm name shall not use the words such as “Association”, “Trust”, “Society” “Foundation” “Anjuman” which are for charity work, except where the Provincial Government, by order in writing, signifies its consent to the use of such words as part of the firm name (The Partnership (Sindh Amendment) Act, 2022).
5. Registration Process
- Recording of Entry: Once the Registrar confirms that all provisions of Section 58 have been duly followed, they will record an entry of the statement in the Register of Firms and file the statement (The Partnership Act, 1932, Section 59).
- Certificate of Registration: Upon successful registration of the firm, the Registrar shall issue a registration certificate in respect of the firm in the form as may be prescribed (The Khyber Pakhtunkhwa Partnership Amendment Act, 2021, Section 5).
- Online Registration (Khyber Pakhtunkhwa): In case of applications for registration made online, when the requirements have been complied with, the Registrar shall make an entry of the statement in the Register of firms and issue an electronically generated registration certificate (The Khyber Pakhtunkhwa Partnership Amendment Act, 2021, Section 5).
6. Post-Registration Changes
- Alteration in Firm Details: When any alteration is made in the firm name or in the location of principal place of business of registered firm, a statement on prescribed Form (Form-II) specifying the date thereof duly signed by the partners should be submitted (The Partnership (Sindh Amendment) Act, 2022).
- Changes in the Constitution of a Firm: When a change occurs in the constitution of a registered firm or when a registered firm is dissolved, notice must be given to the Registrar (The Partnership Act, 1932, Section 63).
- Noting of Changes in Names and Addresses of Partners: When any partner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent to the Registrar (The Partnership Act, 1932, Section 62).
7. Authority of the Registrar
- The Registrar’s satisfaction should only relate to the requirements of Section 58 of the Partnership Act and cannot extend to extraneous matters such as the nationality of the partner, the nature of the business, or the quantum of investment.
8. Inspection of Records
- The Register of Firms is open for inspection by anyone upon payment of the prescribed fee (The Partnership Act, 1932, Section 66).
- Filed statements, notices, and intimations are also available for inspection, subject to conditions and fee payment (The Partnership Act, 1932, Section 66).
9. Power to Make Rules
- The Provincial Government may create rules for fees, statement forms, register formats, dispute procedures, document filing, and other related purposes (The Partnership Act, 1932, Section 71).
- Online registration of firms and matters ancillary thereto can be regulated (The Khyber Pakhtunkhwa Partnership Amendment Act, 2021, Section 8).
10. Court Orders
- A court deciding any matter relating to a registered firm can direct the Registrar to make amendments in the Register of Firms consequential to its decision (The Partnership Act, 1932, Section 65).
By following these steps and complying with the requirements of The Partnership Act, 1932, you can successfully register a partnership firm in Pakistan. Keep in mind that specific procedures and forms may vary by province, so it is advisable to consult the relevant Registrar of Firms for the most accurate and up-to-date information.