How is a partnership deed amended?
A partnership deed is amended by a supplementary deed. The partners record the new term, sign it, and write it on stamp paper at the duty the state charges. If the firm is already registered, that supplementary deed is filed with the Registrar of Firms. The original deed is the one on the partnership deed page.
What can the supplementary deed change?
- The name of the firm, the business, or the place where it is carried on.
- Capital, or the profit-sharing ratio.
- Admission, retirement, or expulsion of a partner.
- Who operates the bank account, and how long the firm will last.
A change that takes the firm above 50 partners cannot stay inside a partnership. That business has to become a company or an LLP.
How is the change signed?
The partners agree the change first. The supplementary deed states what is altered and what remains as in the original. Every partner who is a party signs it. The stamp duty is the duty that state charges for the instrument. A notary attests signatures. The notary does not replace the Registrar of Firms.
A supplementary deed, not a new firm. The same firm continues. The new terms sit in the supplementary deed.
When does the Registrar of Firms see it?
Only when the firm is registered. The partners file the supplementary deed with the Registrar of Firms of the state where the firm sits, in the form that state uses, with the identity of any new partner and the address proof if the place of business has moved. An unregistered firm has nothing to file there. Registration itself stays optional, as the partnership page explains.
What else must be updated?
The bank mandate, the GST registration if the legal name or the partners shown on it have changed, and the income-tax record of the firm. The firm’s PAN continues. The yearly papers of a registered firm are on the partnership compliance page.
Frequently asked questions
Four questions cover consent, an unregistered firm, a new partner, and the PAN.
Can one partner change the deed alone?
No. A change in the constitution or in the terms needs the consent the deed itself requires, which is ordinarily every partner. The supplementary deed is signed by the partners who are parties to it.
Does an unregistered firm file the change?
There is no Registrar of Firms file to update. The partners still sign a supplementary deed if they want the new terms in writing. Registration of the firm remains optional.
Does a new partner need a new firm?
No. Admission, retirement, and a change in the profit share are amendments of the same firm, recorded in a supplementary deed.
Does the PAN change?
The firm’s PAN stays. A change of name or of partners is updated with the income-tax department and the bank. It is not a fresh PAN.
Sources
The original deed is explained on the partnership deed page. Registration of a change follows the state Registrar of Firms.