Seeking opinion on Partnership Deed/ retirement Deed

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CA. Chiranjiv Sodhi

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Mar 21, 2013, 2:13:41 AM3/21/13
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Dear esteemed colleagues,

I seek your opinion on the following situation.

In a CA partnership firm, one partner retired on 31st December 2012. But the retirement deed was not signed at that time. No stamp papers were purchased at that time.

1.  Is it possible to get retirement deed executed in current date which is effective from 31st December?  (Partner is retired on 31st December and deed is executed in current date)

2.  Form 18 is supposed to be filed with ICAI within 30 days. What will be the legal impact on retirement of partner if ICAI does not condone the delay?

Please suggest.

Thanka & Regards




CA. Chiranjiv Sodhi
B.Com, FCA, DISA(ICA)

Partner:
SODHI & ASSOCIATES
CHARTERED ACCOUNTANTS
131-VIRAT NAGAR, MODEL TOWN, PANIPAT (HARYANA) 132103
PHONE:  098125-06464

DEBA PRATIM GHATAK

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Mar 21, 2013, 7:45:13 AM3/21/13
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  1. U can draft a retirement deed narrating the events and making 31/12/2012 as the date of retirement. This should be legally tenable.
  2. The ICAI may not condone the delay in informing the ICAI or filing of Form 18. This should not have any legal implications since this is a case of contravention of ICAI Rules and Partnership act is not guided by ICAI Rules.
DP Ghatak
Durgapur, 9434474982
 
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