I have a question regarding firm registration .
I got a petrol pump distributorship which is in my name. But to run the business i have taken help from another person. When we started the business, we made a partnership agreement under the "Indian Partnership Act, 1932". But after some time I got to know that my another partner registered the firm with the same distributorship name without knowing me and as per company norms we can't add any partner at any point of time. If we do so and company got to know about it, the company has full rights to cancel the distributorship.
I just want to know that, is it possible to register a firm without knowing the other partner? means no signature or any document needed from the actual owner?
Asked in Business Law from Haridwar, Uttarakhand
1. Yes, if he can produce any letter/certificate issued by the other partner stating that he is empowered to act for registering the firm with any principal supplier,
2. You can nor send a letter to your principal stating asking them not to register your partnership firm as the distributor in place of your proprietorship firm.
1) you ought to have disclosed the fact to the petroleum company that you are going to run business as firm and taken the distributorship in name of the firm
2)since you have taken the distributorship in your name you cannot add any partner . if you do so your licence for distributorship would be cancelled
3)your partner cannot unilaterally register the firm . all partners have to sign the application
4) Application for partnership registration should include the following information:
– Name of your firm
– Name of the place where business is carried on
– Names of any other place where business is carried on
– Date of partners joining the firm
– Full name and permanent address of partners.
– Duration of the firm
• Every partner needs to verify and sign the application
Thanks for your prompt answer.
Is there any way to cancel the registration of the firm if yes, please let me know the procedure because he has registered the firm without knowing me.
How can we deal with situation? He always tries to pressurize me and always says that he will tell the company about the registration and the distributorship will be cancelled .
Please provide your valuable advice.
Thanks in advance..
Asked 1 year ago
If your partner has registered another firm for the same in a different location with another partner, it will not affect your business.
however i f your partner registered the same business in the same location with another partner then the partnership agreement entered with you shall stand nullified due to breach of conditions or violations of the agreement terms.
Especially if he had done it without your knowledge it is illegal and not binding in you, however to safeguard your interest in the current business you may look for steps to rectify this mistake to bring the back the business on the smooth track once again by amicable discussion with your partner.
1)file RTI application with registrar of firms and obtain copy of application form filed by your partner
2)if you find your signature has been forged on application form complain to the registrar
3) also file criminal complaint of forgery ,criminal breach of trust, with local police station
4) dissolve the firm as per your partnership deed
1. It depends on the terms and conditions f registration with the organisation,
2 I fought a case in Calcutta High Court for a client whose empanelment as a contractor was cancelled since one of his partner was also a partner of another firm who was empanelled as a contractor with BSNL,
3. Before the organisation act, you act and ask them notbto give distributorship in the name of the partnership firm of yours.
1. File a civil suit for dissolution of this firm which was formed beyond your consent and advice.
2. In the said suit ask for injunction restraining the firm from carrying out the business.
3. Do this, you will get justice.