Partnership dissolution notification in Gazette
7 months ago
Need to get partnership dissolution notified in Gazette. Officer asked me to get an NOC from partners with General power of attorney. I need clarification on whom to give power in this NOC. For your info the dissolution process is being carried out by a CA firm on behalf of partners.
A.Dear Client,
Section 63 of the Partnership Act, 1932 deals with the recording of changes on the dissolution of a firm and states that when a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner and when a registered firm has dissolved any person who was a partner immediately before the dissolution or the agent of any such partner or person specially authorized in this behalf, may give notice to the Registrar of such change or dissolution, specifying the date thereof, and the Registrar shall make a record of the notice in the entry relating to the firm in the Register of firms and shall file the notice along with the statement relating to the firm filed under section 59 of the Act. Section 72 of the Act deals with the mode of giving public Notice that specifies that a public notice under this Act is given,—(a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a registered firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by notice to the Registrar of Firms under section 63, and by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business. and (b) in any other case, by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business. Accordingly for publication of the dissolution of a registered Society, the Deptt. of Publication (Govt. Press) requires authorization by way of NOC from the partners of the registered Partnership firm supported by a POA in favour of the authorized agent/CA firm processing the dissolution of firm.
Section 63 of the Partnership Act, 1932 deals with the recording of changes on the dissolution of a firm and states that when a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner and when a registered firm has dissolved any person who was a partner immediately before the dissolution or the agent of any such partner or person specially authorized in this behalf, may give notice to the Registrar of such change or dissolution, specifying the date thereof, and the Registrar shall make a record of the notice in the entry relating to the firm in the Register of firms and shall file the notice along with the statement relating to the firm filed under section 59 of the Act. Section 72 of the Act deals with the mode of giving public Notice that specifies that a public notice under this Act is given,—(a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a registered firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by notice to the Registrar of Firms under section 63, and by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business. and (b) in any other case, by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business. Accordingly for publication of the dissolution of a registered Society, the Deptt. of Publication (Govt. Press) requires authorization by way of NOC from the partners of the registered Partnership firm supported by a POA in favour of the authorized agent/CA firm processing the dissolution of firm.
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A.Dear Client,
In India, the process of dissolution of a partnership firm is governed by the Indian Partnership Act, 1932. The procedure for dissolution may vary depending on the terms specified in your partnership agreement.
To get the dissolution of your partnership firm notified in the Gazette, you may need to submit the necessary documents to the concerned department or authority. Typically, this would include a notification or an application for gazette publication along with supporting documents such as the partnership deed, dissolution deed, and any other required documents.
Regarding the requirement of a No Objection Certificate (NOC) from the partners with a General Power of Attorney (GPA), it is important to understand the context in which the officer has made this request. The NOC may be needed to establish that all the partners are in agreement regarding the dissolution and authorize the CA firm to act on their behalf in the dissolution process.
In such cases, the NOC should generally be given by all partners of the firm, authorizing the CA firm to handle the dissolution process and notifying the Gazette. Each partner should provide their consent through the NOC, granting the CA firm the authority to act on their behalf in relation to the dissolution proceedings.
Thank you.
In India, the process of dissolution of a partnership firm is governed by the Indian Partnership Act, 1932. The procedure for dissolution may vary depending on the terms specified in your partnership agreement.
To get the dissolution of your partnership firm notified in the Gazette, you may need to submit the necessary documents to the concerned department or authority. Typically, this would include a notification or an application for gazette publication along with supporting documents such as the partnership deed, dissolution deed, and any other required documents.
Regarding the requirement of a No Objection Certificate (NOC) from the partners with a General Power of Attorney (GPA), it is important to understand the context in which the officer has made this request. The NOC may be needed to establish that all the partners are in agreement regarding the dissolution and authorize the CA firm to act on their behalf in the dissolution process.
In such cases, the NOC should generally be given by all partners of the firm, authorizing the CA firm to handle the dissolution process and notifying the Gazette. Each partner should provide their consent through the NOC, granting the CA firm the authority to act on their behalf in relation to the dissolution proceedings.
Thank you.
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