§58 — Application for registration

State amendments

This section has been amended in its application to Maharashtra, Rajasthan and Uttarakhand. The text above is the central provision and is what applies everywhere else — these amendments are law only in the State that made them.

• Uttarakhand[Vide Uttarakhand Act 5 of 2019, s. 2]Read →Hide

  Goa, Daman and Diu The Government of Goa is hereby pleased to levy a non-refundable processing fee of Rs. 1,000/- (Rupees one thousand only) for processing the documents for registration of Partnership Firm under the Indian Partnership Act, 1932 (Central Act 9 of 1932). This Order shall come into force with effect from the 1st day of April, 2017. (Published in the Official Gazette Series I No. 52 (Extraordinary-2) dated 31-3-2017) (w.e.f. 8-5-2017- LD(Estt.) (C)/407 dated 31-3-2017) Uttarakhand Substitution of section 58.—In the Indian Partnership Act, 1932, (hereinafter referred to as the Principal Act) section 58 shall be substituted as follows, namely:- Maharashtra 58. Application for registration.—(1) The registration of a firm may be effected at any time by uploading on the website following statement in the prescribed online form and accompanied with prescribed fees to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, stating.— (a) the firm name, (b) the place or principal place of business of the firm, (c) the names of any other places where the firm carries on business, (d) the date when each partner joined the firm, (e) the names in full and permanent addresses of the partners, and (f) the duration of the film. The statement shall be digitally signed by all the partners or by their agents specially authorized in this behalf. (2) The applicant, signing the statement shall also upload to the website, verifying the statement recorded in the online format mentioned in sub-section (1), verifying it in the affidavit certified by the Notary on the non-judicial stamp paper of Rs. 10/. (3) The desired enclosed shall also be uploaded on website, by the applicant. (4) A firm name shall not contain the word Union, State, Land Mortgage, Land development, Cooperative, Gandhi, Reserve Bank or any of the words expressing or implying the sanction, approval or patronage of Government, except when the State Government signifies its consent to the use of such words as part of the firm name by order in writing. (5) The prescribed fee of registration shall be submitted online after the online approval given by the Registrar. (6) After submitting the prescribed registration fee the digitally signed registration certificate may be downloaded from the website by the applicant.
• Rajasthan[Vide Rajasthan Act 10 of 1971, s. 2]Read →Hide

  Rajasthan Amendment of section 58, Central Act IX of 1932.—For sub-section (3) of section 58 of the Indian Partnership Act, 1932 (Central Act IX of 1932), hereinafter referred to as the principal Act, the following sub-sections shall be substituted, namely :- "(3) No firm shall be registered by a name which, in the opinion of the State Government, is undesirable. (4) Except with the previous sanction in writing of the State Government, no firm shall be registered by a name which contains any of the following words, namely:- (a) 'Union', 'State', 'President', 'Republic' or any word expressing or implying the sanction, approval or patronage of the Central or any State Government ; and (b) 'Municipal', 'Chartered' or any word which suggests or is calculated to suggest connection with any municipality or other local authority: Provided that nothing in this sub-section shall apply to any firm registered before the date of the commen cement of the Indian Partnership (Rajasthan Amendment) Act, 1971."
• Maharashtra[Vide Maharashtra Act 29 of 1984, s. 6]Read →Hide

  Maharashtra Amendment of section 58 of Act IX of 1932.—In section 58 of the principal Act,— (a) in sub-section (1),— (i) for the words “The registration of a firm” the words, brackets, figure and letter “Subject to the provisions of sub-section (1A), the registration of a firm” shall be substituted ; (ii) the words “at any time” shall be deleted ; (iii) after the words “prescribe fee” the words “and a true copy of the deed of partnership” shall be inserted ; (iv) after clause (a), the following clause shall be inserted, namely :— “(aa) the nature of business of the firm;”; (b) after sub-section (1), the following sub-section shall be inserted, namely :— “(1A) The statement under sub-section (1) shall be sent or delivered to the Registrar within a period of one year from the date of constitution of the firm : Provided that in the case of any firm carrying on business on or before the date of commencement of the Indian Partnership (Maharashtra Amendment) Act, 1984, (Mah. XXIX of 1984) such statement shall be sent or delivered to the Registrar within a period of one year from such date.” ; (c) for sub-section (3), the following sub-section shall be substituted, namely :— “(3) A firm shall not have any of the names or emblems specified in the Schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950, (XII of 1950) or any colourable imitation thereof, unless permitted so to do under that Act, or any name which is likely to be associated by the public with the name of any other firm on account of similarity, or any name which, in the opinion of the Registrar, for reasons to be recorded in writing, is undesirable : Provided that nothing in this sub-section shall apply to any firm registered under any such name before the date of the commencement of the Indian Partnership (Maharashtra Amendment) Act, 1984. (4) Any person aggrieved by an order of the Registrar under sub-section (3) may, within 30 days from the date of communication of such order, appeal to the officer not below the rank of Deputy Secretary to Government authorised by the State Government in this behalf, in such manner, and on payment of such fee, as may be prescribed. On receipt of any such appeal, the authorised officer shall, after giving an opportunity of being heard to the appellant, decide the appeal, and his decision shall be final.”.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.