What is the difference between registration under the Companies Act and Partnership Act ?

The difference between registration under the Companies Act and Partnership Act are :

(i) The Partnership Act requires all partnerships formed after October 1933(irrespective of the number of their members), to be compulsorily registered. The Companies Act requires only partnership and associations of persons exceeding certain number to been compulsorily registered.

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(ii) Under the former Act, registration is with the Registrar of Partnerships, under the latter Act, with the Registrar of Companies.


(iii) Registration under the former Act does not give corporate existence to the partnership. Registration under the latter Act does.

(iv) The consequence of non-registration under the former Act is only this that such as partnership will not been allowed to file as suit till it is registered (which can been done at any time). Under the latter Act, the result of non-registration, when necessary is that the Company becomes and illegal association all together.

(v) The object of registration under the two acts are different. Registration of the names of partners under the former Act is made obligatory, in order to avoid, if possible, as subsequent dispute as to who the partners were. Registration under the Companies Act is and integral part of the process of the formation of as Company, because without it, the company does not obtain as corporate existence.

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