IPTA 63 — Recording of changes in and dissolution of a firm. Recording of withdrawal of a minor

Indian Partnership Act, 1932

Statutory text

Recording of withdrawal of a minor.—

(1) When a change occurs in the constitution of a registered firm any incoming, continuing or outgoingpartner, and when a registered firm is dissolved any person who was a partner immediately before the dissolution, or the agent of any such partner or person specially authorised 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 theentry 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.

(2) When a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, and the firm is then a registered firm, he, or his agent specially authorised in this behalf, may give notice to the Registrar that he has or has not become a partner, and the Registrar shall deal with the notice in the manner provided in sub-section (1) STATE AMENDMENT Maharashtra Amendment of section 63 of Act IX of 1932.—

(a) In sub-section (1),—

(i) for the word “any”, where it occurs, the word “every” shall be substituted ;

(ii) for the words “may give notice to the Registrar of such change or dissolution, specifying the date thereof ;” the following shall be substituted, namely :— “shall, within a period of 90 days from the date of such change or dissolution, give notice to the Registrar of such change or dissolution, specifying the date thereof;”;

(b) after sub-section (1), the following sub-section shall be added, namely :— “ (1A) Where a change occurs in the constitution of a registered firm, all persons, who after such change are partners of the firm, shall jointly send an intimation of such change duly signed by them, to the Registrar, within a period of 90 days from the date of occurrence of such change and the Registrar shall deal with it in the manner provided by section 61.” ;

(c) in sub-section (2), for the words “may give notice to the Registrar” the words “shall, within a period of 90 days from the date of his election, give notice to the Registrar” shall be substitutied. [vide Maharashtra Act 29 of 1984, s. 12]

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