you can give notice in one english newspaper and one hindi newspaper circulated in your district
I want to give public notice of retirement from firm in an englsih newspaper widely circulating the district . is it valid or alos required to be given in hindi newspaper
i mean retirement as a partner from partnership firm
Hello,
You will have to give one notice in English language and one in local language. On the basis of the newspaper publication the notice of retirement will also have to be published by you in the official gazette.
Regards
If the same is a registered partnership then intimation to the registrar has to be given along with a paper and gazette publication.
Regards
According to section 72 of the partnership act, this publication must be given in at least one vernacular newspaper circulating in the district where the firm to which it relate has its place or principal place of business.
Thus, if Hindi is the vernacular language in J&K, you will be required to bring out this publication in a Hindi newspaper having a wide circulation.
The public notice does not necessarily mean advertisement in newspaper only. Even publication through other means having wide circulation is also valid method.
So you can give such advertisement in either Hindi or English Newspaper.
It has to be in any daily newspaper widely circulated in the area, also in of vernacular language is sufficient,
But the retirement will not effect by mere publication,it has to by following due course of law. Paper publication is purposeful for general public acknowledge.
If your partnership deed provide the exit of partner then the firm will be working by the remaining partner. In other case the firm will be dissolved as soon you take the decision of retirement.
Seems that you are leaving the partnership due to some dispute. If this is the case better go for the dissolution of the firm.
Hi
As per section 72 of Jammu and Kashmir partnership act 1996, the procedure prescribed for issue of public notice of retirement is as follows:
In case of Registered Partnership Firm.
a) Notice to the Registrar of Firms under section 63 and
b) by Publication in Government gazette and
c) in one vernacular news paper circulating in the district where the firm has its principal place of business.
And
In case of Unregistered partnership Firm
a) by Publication in Government gazette and
b) in one vernacular news paper circulating in the district where the firm has its principal place of business.
So from the bare reading of Section 72 of J&K Partnership Act, it is evident that
a) publishing in Vernacular language is Mandatory whereas
b) publishing the public notice in English is optional.
Hope this information is useful
Respected sir...
Under the Partnership Act no person can be admitted into partnership without the consent of the other partner or partners unless there is any contract to the contrary (s. 31).
Any partner may. with the consent of all the other partners or in terms of the deed of partnership where the partnership is at will, by giving notice in writing to all other partners, to that effect, dissolve the partnership or retire from partnership.
A retiring partner, however, continues to be liable to third parties even If the liability Is taken over by the remaining partners (s. 32) Therefore in a deed of retirement it is necessary to provide that In the event of the retiring partner being held liable by a third party, the remaining partners shall indemnify him to that extent, when the liabilities are taken over by the remaining partners.
Insolvency of a partner also causes compulsory retirement of an insolvent partner (s. 35). It is, therefore, generally provided in a deed of partnership when there are more than two partners that the insolvency of any partner will not dissolve the partnership. If a partner retires, unless there is contract. to the contrary, the retiring partner cannot use the firm name, represent himself as carrying on the business of the firm or solicit the customers of the Firm. (s. 36).
Therefore, in a deed of retirement It is generally not necessary to make explicit that the retiring partner shall not do any of these things. But if he is to be restrained from carrying on similar business for a specified period or in a specified area, such condition can be provided in she deed of retirement and it is legal (s. 36(2)).
Thanku
The public notice given in any one of the local newspaper is also sufficient for resignation from the partnership company.