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58. Application for registration
(1) The registration of a firm may be effected at any time by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, 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 firm.
The statement shall be signed by all the partners, or by their agents specially authorised in this behalf.
(2) Each person signing the statement shall also verify it in the manner prescribed.
(3) A firm name shall not contain any of the following words, namely: “Crown”, “Emperor”, “Empress”, “Empire”, “Imperial”, “King”, “Queen”, “Royal”, or 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.
State Amendment (Goa, Daman and Diu): A non-refundable processing fee of Rs. 1,000 is levied for processing partnership firm registration documents — w.e.f. 1 April 2017. Registration is now processed online only, without a physical application or supporting documents, and queries against applicants must be raised only once, within 7 days of receipt — w.e.f. 8 March 2019.
State Amendment (Uttarakhand): Section 58 is substituted to require registration to be effected by uploading a digitally-signed statement on the prescribed online form, with verification by a notarised affidavit, prescribed enclosures uploaded online, and the registration fee submitted online after approval by the Registrar, following which a digitally-signed registration certificate may be downloaded — vide Uttarakhand Act 5 of 2019, s. 2.
State Amendment (Rajasthan): Sub-section (3) is substituted to bar registration of a firm by an undesirable name, and, without the State Government’s prior written sanction, by a name containing words such as “Union”, “State”, “President”, “Republic”, or words implying Government sanction or connection with a municipality or local authority, subject to a saving for firms already registered before the 1971 Amendment — vide Rajasthan Act 10 of 1971, s. 2.
State Amendment (Maharashtra): The statement must now also disclose the nature of the firm’s business and be accompanied by a true copy of the partnership deed, and must be sent within one year of the firm’s constitution. Sub-section (3) bars names or emblems protected under the Emblems and Names (Prevention of Improper Use) Act, 1950, names likely to be confused with another firm, or names the Registrar considers undesirable, with an appeal to a Deputy Secretary-level officer against the Registrar’s refusal — vide Maharashtra Act 29 of 1984, s. 6.
