Amendment in Partnership Deed – Reasons & Procedure

A partnership is created when two or more people come together intending to profit from a shared business enterprise. A partnership deed is a written document that formally records the terms of commercial partnerships. It is signed at the moment of creation itself and regulates the activities and conditions of the partnership firm. Nonetheless, there may be many circumstances during the duration of this relationship where amendment in partnership deed of the partnership are necessary.

Partnerships firms are among the most straightforward business arrangements for organization and management. It is one of the preferable options for small firms due to the minimal compliance requirements and clear dissolution regulations.

An Amendment in Partnership deed is employed to change, include, or eliminate provisions in a Partnership Agreement. When two or more partners desire to modify their partnership agreement, they employ an amendment in partnership deed. An existing Partnership Agreement often has an amendment to reflect any changes.

Reasons for amendment in partnership deed

If all partners vote in favour of the changes, the Partnership Agreement may be changed at any time. If the Partnership Agreement has previously undergone revisions, it is vital to state this in the most current addendum. The order in which the corrections were made contributes to the document’s current status. Each modification must be included with the original Partnership Agreement. The following circumstances may warrant to amendment in Partnership Deed:

Partner substitution

You should change the partnership agreement when a new partner joins or when an old partner departs. It may be helpful to reflect changed roles within the company and new allocations of partnership items for tax purposes.

Updating the status of the entity

For various reasons, partnerships may seek to modify their entity type.

New auditing regulations

New partnership audit regulations that conduct audits at the partnership level and evaluate any resulting underpayments to the partnership are in effect for tax years starting after December 31, 2017.

Divisions or Mergers 

A partnership could merge with another or split into two or more sections. These actions typically necessitate a new partnership agreement and may be justified for legitimate business reasons.

Operational modifications

The partnership agreement might need to be amended to reflect any adjustments the partnership makes to its business activities.

The minor partner admitted at the time the firm was formed may turn majority-age

When a minor admitted to the benefits of partnership reaches the age of majority and decides whether or not to become a partner in the firm, he or his designated agent in this respect may notify the Registrar of Firms that he has or has not done so.

Procedure of amendment in partnership deed

Step 1: Consider the partners’ mutual consent

Before making any proposed changes, each partner must be consulted about the potential effects. The deed can be prepared only after receiving the involved partners’ approval, or may the lawyer be engaged.

Step 2: Preparing the Supplemental Deed

The partners themselves can create the supplemental deed, or they can hire a professional to assist them. Nonetheless, the expert will advise you on how to complete the deed while considering its ramifications and rules. After drafting the contract and gaining the partners’ consent, it is then put into effect.

Step 3: Intimation to the Registrar of Firms.

The process is completed by notifying the Registrar of Firms of the relevant adjustments. This requirement only applies if the partnership firm is registered. This notification must only be sent following the Partnership Act of 1932‘s provisions, and on the exact forms it requires.

Documents required for amendment in partnership deed 

• A duplicate of the old partnership agreement (drafted at the time of the firm’s constitution) has been duly confirmed by the town’s notary, where the firm’s registered office is located.
• A duplicate of the new partnership agreement (drafted at the time of changes to the firm’s constitution), correctly witnessed by the notary of the town where the firm’s registered office is located and stamped with an Rs. 1000 stamp (the applicable rate in Punjab under the state stamp act).
• Identification documents of partners and any recently admitted person, if any, adequately attested to by a notary, a registrar of deeds, or another professional such as a CA, CS, or CWA.
• Passport-size photographs of the numerous accomplices and, if applicable, the recently admitted partners.
• Saved a copy of the receipt challan (Form PTR 16 Rule 107 of PTR Volume 1) in the bank.
• If the business’s location has changed, possession verification of the new site.
• The Copies of Certificates A and C were issued when the firm was established and duly attested by a Notary, a Gazetted Official, or any Professional such as a CA, CS, or CWA.

Conclusion

A Partnership Deed serves as the firm’s backbone. It may be changed and amended to meet company needs or the partners’ preferences. Obtaining the partners’ permission in their signature on the deed is essential for amendment in partnership deed.