Section 58 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 58 sets out how a firm applies to be registered. It says where the statement is sent, what it must contain, who must sign and verify it, and which words a firm name may not carry. To prepare the application for your State, our partnership firm registration service can help.
A firm may be registered at any time by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form, with the prescribed fee, giving six particulars: firm name, principal place of business, other places of business, the date each partner joined, the full names and permanent addresses of the partners, and the duration of the firm (58(1)). All partners, or their specially authorised agents, sign it, and each signatory verifies it in the prescribed manner (58(2)). A firm name must not contain certain words, such as "Crown" or "Emperor", or words implying Government sanction, approval or patronage, unless the State Government consents in writing (58(3)).
Section 58(1): what is sent, to whom and what it states
The registration of a firm may be effected at any time. There is no deadline in the text; the section does not require registration at the time of formation. The consequences of staying unregistered are in section 69.
| Feature | Text |
|---|---|
| Method | By post or by delivery |
| To | The Registrar of the area in which any place of business of the firm is situated or proposed to be situated |
| Document | A statement in the prescribed form |
| Accompanied by | The prescribed fee |
"Prescribed" means set by the State's rules; see sections 70 and 71. The central Act does not give the form or the fee, and this article does not either. They differ by State.
The words "situated or proposed to be situated" mean a firm that has not yet opened a place of business can apply to the Registrar of the area where it proposes to do so. Which Registrar covers which area is set by the State under section 57.
The six particulars
The statement must state:
| Clause | Particular |
|---|---|
| (a) | The firm name |
| (b) | The place or principal place of business of the firm |
| (c) | The names of any other places where the firm carries on business |
| (d) | The date when each partner joined the firm |
| (e) | The names in full and permanent addresses of the partners |
| (f) | The duration of the firm |
The Act gives no further detail on how "duration" is to be stated, for example for a partnership at will; the prescribed form will carry that. Particulars in this list are the ones that later changes must update under sections 60 to 63; see sections 60 and 61 and sections 62 and 63.
Who signs
The statement shall be signed by all the partners, or by their agents specially authorised on their behalf. The text speaks of "all" the partners. A signature by only some of them does not meet the wording. An agent must be specially authorised, so general authority is not what the text describes. (The copy consulted reads "in his behalf" in this sentence, which is a minor typing slip read by sense.)
Section 58(2): verification
Each person signing the statement shall also verify it in the manner prescribed. So signing and verifying are separate acts, and each signatory verifies. The manner of verification is a matter for the State's rules; the central text does not describe it.
Section 58(3): words a firm name must not contain
A firm name shall not contain any of the following words: "Crown", "Emperor", "Empress", "Empire", "Imperial", "King", "Queen", "Royal" (the copy consulted has a typing error in the last of these, read by sense), or words expressing or implying the sanction, approval or patronage of Government, except when the State Government signifies its consent to the use of such words as part of the firm name by order in writing.
| Prohibited | Unless |
|---|---|
| The eight listed words | State Government consents by order in writing |
| Words expressing or implying Government sanction, approval or patronage | Same |
The restriction is on the firm name in the registration statement. The words in the list are those in the text. The test for the second limb is what the words express or imply, not whether the firm in fact has Government approval.
Example. A firm proposes the name "Royal Spices". The text of 58(3) lists "Royal" among the words a firm name must not contain, unless the State Government has consented in writing. A name such as "Government Approved Spices" would raise the second limb, as it implies Government approval. A plain name such as "Sharma Spices" does not raise either point.
The source copy has a "Short Note" about the certificate of registration under this section. It is the compiler's note, not the Act, and is not used here.
Section 58 and Madhya Pradesh
The copy consulted comes from a Madhya Pradesh source, and Madhya Pradesh rules follow the Act later in the same file. Those are State material, not part of the central Act. Some States have amended Chapter VII; this article describes only the central text as it appears in the copy, and no State amendment is marked in section 58 of this copy. If your State has amended it, its own text and rules govern.
What can the deed change?
Section 58 is about the application to a public office, so a private agreement among partners does not change it. The deed can, however, say who is responsible for applying, who signs as agent, and what happens if a partner refuses to sign. The text requires all partners or their specially authorised agents to sign, so a refusing partner can hold up the application.
Practical points
- Check the State's form and fee before you start.
- Prepare the six particulars from the deed: name, places, joining dates, names and permanent addresses, duration.
- Choose a name that avoids the listed words and any implied Government link.
- Collect all signatures, or specific written authorisation for agents.
- Our guide to the procedure for registration of a firm walks through the sequence in general terms.
Need help with the application?
Getting the statement right the first time saves a round of queries from the Registrar. Our partnership firm registration team can check the particulars against your deed, advise on the firm name, and prepare the application for your State. A call with the details of your firm is the easiest start.
Key takeaways
- A firm may be registered at any time, by a statement sent or delivered to the Registrar of the area, in the prescribed form with the prescribed fee (58(1)).
- The statement gives six particulars, from the firm name to its duration.
- All partners, or their specially authorised agents, sign, and each signatory verifies it in the prescribed manner (58(2)).
- A firm name may not contain the listed words or words implying Government sanction, approval or patronage, without the State Government's written consent (58(3)).
- Forms, fees and verification come from State rules.
Read next
- Section 59: registration of the firm
- Sections 56 and 57: exemption from the registration chapter and Registrar of Firms
- Section 69: effect of non-registration
- Procedure for registration of a firm
Disclaimer: Based on the text of the Indian Partnership Act, 1932 as consulted on 1 October 2026. Several States have amended the registration chapter and make their own rules, forms and fees for the Registrar of Firms. This article is general information, not legal advice; check the official text and your State's rules before acting.