Category: Registration

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Step By Step Procedure to incorporate a company in India

company registration india

If you are thinking to start a new Company but is confused regarding its procedure then in this blog we will be discussing the procedure for its incorporation. Read our detailed guidelines for company registration procedure in India

 

Steps for Incorporating the Company-  

 

As we have already told you that there are several things which you are required to follow. So here is the list of things or step by step procedure to be followed while incorporating:

 

 

  • Step 1:  Choose the name of the business-   This step is perhaps the most important step which is need to be done. Firstly name of the company is t be chosen on which your business will rely, so ame of the company should be unique which gives lasting impression to your consumers. Before applying for the name, the Registrar should check its availability that whether that name is available or not otherwise it can get rejected by the Government after applying for ts name.
  • This step entails the location of your company-  Every sort of Company needs to have its physical location associated with it. It is necessary to identify the location on which you need to do your business. And make sure to check the company incorporation cost, the taxation law and other corporate laws in the place you seek to start your company at.
  • Select the type of incorporation-  It is necessary to decide the kind of company which you need to register. There is Private Limited Company, Limited Liability Partnership, Nidhi Company, Section 8 Company and others. So chose the type of business you do and then decide upon the type of entity that you want.
  • Name of the Directors of the Company-  This step is one of the important step. When you are naming the Directors then make sure that they can manage the affairs of the Company. These Directors are going to be responsible or running the business of the Company.
  • Decide the tps of shares you need-  The type of share depends on how you chose to incorporate your company. But make sure that the share you chose should be right one. You will also need to decide that to who you are assigning the share.
  • Getting Access to the Certificate of Incorporation-  In order to fully incorporate your Company you need to take the certificate of incorporation. Once you get certificate, it will entail Company’s Name,  purpose, location and information of the company like about its Director and its Shareholders.
  • The Last Step-  The last step involves filing the Articles of Association and and submitting it to Registrar of Company wit the required fees. Thi can be done either offline or online. For Offline process you need to consult either Chartered Accountant or Companies Secretaries. For offline process, you need to take help of Attorney as well.

 

 

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CopyRight Registration Process In India

copyright registration process in india

Copyright Registration Process

 

Copyright is a protection given for Literary, Artistic, dramatic and Musical work and for producers for Cinematographic films and Sound Recording. In fact it is a bundle of right which is given for rights of reproduction, communication to the public, adaptation and translation of the work.  Basically it is a right given to the creators, as India is a developing economy and through new creations only India is getting developed day by day. Therefore it safeguards the rights of the Authors over their creations and thereby creation is protected and Rewarded.

Also Read. : BIS Registration Process In India

 

Copyright Registration process

 

Firstly Application for Copyright Registration  is to be filed by an Applicant, and there should be separate application for each registration if there are more than application and each application should be accompanied with the prescribed fees which is given or provided by the Registry.  And that Application should be firstly signed by an applicant itself and by the Advocate whose Vakalatnama and Power of attorney is attached or has been executed. And that Vakalatnama shall be signed by the party and accepted by the Advocate, and hat acceptance should be enclosed.

 

Then Diary Number is being allotted by the Registry to the Applicant, and after getting your Diary Number you have to wait for he mandatory period of  days so that no objection is raised in the copyright office against your claim that particular work is not created by you.

 

Then if there will be no Objection then there will be scrutinization by the examiner, then after scrutinization they will search for Discrapencies, if no dicrapancy found then copyright registration will be approved by the Registry, but there is any discrapancy found then discrepancy letter will be issued to the Applicant, and reply to that letter will be prepared by the Applicant, and then hearing by the registrar will be conducted then either  approval or rejection for registration will be done.

And if there is an objection raised in the Copyright office hen letter for objection will be served to both the parties, and then reply has to be filed by both the parties, then hearing will be conducted by the Registrar and then application will either be Accepted or rejected , if Application is accepted then check for discrapancy will be conducted and discrapancy is found then letter will be issued to the Applicant and then Applicant will prepare the reply, and then mater will be gone for hearing and then registrar will either accept the application or will reject it.  And finally if the application is approved then Application for copyright will be registered and if rejected then application will be rejected.

Also Read : Trademark registration process in India

 

Therefore through copyright literary, artistic, dramatic and musical work can be copyrighted, you can also file a copyright application for your website or other computer programme, for any computer software and computer programme can be registered as Literary work. And as er section 2(o) of Copyright Act, 1957 literary work includes Computer programme, tables and compilations, including computer databases. Therefore Copyright protection prevents undue proliferation, of private products of work, and ensures that the individual owner retains significant rights over their creations.

 

BIATConsultant is #1 online legal consultant in India serving clients since 2004. .

 

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Process Of Company Registration In India

company registration in india

Steps to form a Private Limited company

 

A Private Limited company is a Company or a small entity which is held privately. And it limits the liability of the owners to their shares i.e. in case of loss occurred by the company in future then the owners will only liable to their shares. In Private Limited company minimum shareholders should be two and maximum 200 shareholders should be there, and they are restricted to trade their shares publically.

 

Advantages of Forming Private Limited Company

 

  1. That forming a private limited company limit the risk to the personal asst of the owner. Therefore if a company is a small entity then it is always recommended to form a Private Limited Company as there is no ris to the personal asset as in case in a Limited Company.
  2. Private Limited Company is a separate legal entity which means that Company is responsible for the management of its assets and liabilities, debtors and creditors.
  3. A company has a Perpetual succession which means that even on the death of the Partner the company continues to exist unless it is legally dissolved.

Also Read : Process Of Trademark Registration In India

 

Steps for forming a Private Limited Company Registration

 

  1. First step is to obtain Digital Signature Certificate which is required for filing the forms for company registration. The registration process is online and the forms requires the Digital Signature. You must obtain the digital signature which is certified either by Government or by the Authorized Agencies. The cost of obtaining agencies varies from agencies to agencies. DSC is obtained under class 2 or class 3, under class 2 identity of a person is verified against a pre-verified database, whereas under class 3, person should be present himself before the registering authority to prove their identity.
  2. Next step is to apply for DIN (Director Identification Number) Number, for a Director. DIN Number is basically obtained to be a Director of the following Company .There are three ways for filing DIN and they are as follows:
  • File form DIN 3- this form requires basic details of the Proposed Directors along with the Documentation Like PAN Card, AAdhar Card etc.
  • With filing spice in this maximum three Directors can apply for DIN. if a company wants to incorporate with more than 3 Directors and 3 Directors does not have their DIN Number then in that case applicant has to incorporate their company with 3 Directors only and and have to incorporate new Directors later on after incorporation of a company.
  • If you want to register a company with Biatconsultant then there is no need to apply for separate DIn Number as it is included with the registration process only.

      

 For name approval you have to incorporate your company Via Reserve Unique name (RUN). the Ministry of Corporate Affairs has introduced this RUN facility according to which name for approval is given to the MCA and if Ministry has rejected the name i.e. if the name of the company is not approved then  second chance is given. So BiatConsultant helps you to find with the unique name so that there is less chance for approval of a name for incorporaion of a company.

If under spice form, name is not approved by the ministry then no second chance is given and you have to file fresh application and there is no fee.

 

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Procedure for BIS Registration

bis registration in india

The initial step is to get the item tried from any of the BIS Laboratories according to their affirmed scope (recorded at BIS site (www.bis.org.in)) . all basic part will be announced by the assembling unit and test report of every segment will be submitted to lab, if pertinent.

Besides the test report will be issued by the BIS Recognized Laboratory just ib the name of Manufacturer (Applicant) who is really fabricating the item. The test report which is gotten will specify the name of the assembling unit and its entire address i.e. its production line address from where it is made.

Before test report is presented the application for registration in BIS. it ought to be guaranteed that the test report which was created ought to be tried and assessed and finished legitimately.

At that point following stage is to download the shape 6 which is Application for give of registration and frame 7 which is self assessment cum revelation for registration from the BIS site.

Application in Form 6 and frame 7 it is to ensure that it is properly marked and totally filled by the Chief Executive Officer (CEO) of that assembling unit (Applicant) of creating great.

Following ought to be submitted for BIS Registration and they are as per the following:

-That frame 6 and shape 7 ought to be filled and properly marked b the CEO of the assembling unit (Applicant) or by the Authorized agent (not Indian Representative). Assembling unit will likewise present the Authorization letter in such manner and no section will be left unfilled in the application frame.

-Every one of the records will be submitted and those archives of name and address will be confirmed by the expert. What’s more, the name and finish address of the assembling unit will be accessible in the archive.

-If there should be an occurrence of outside producer frame 6 and shape 7 will be countered marked by an Indian Representative or by the approved agent of branch or liason which is available in India.

-Test report which was issued by the BIS Laboratories will be submitted and that test repost ought not be more seasoned than 90 long periods of issue date by Lab.

-Assertion for the concede of Registration of outside producer will be marked by the Indian Representative or by the Authorized delegate of branch/or liason office.

At that point letter for registration will be gotten.

In this way Rs. 1000 is to be paid for the Application frame at that point expenses shifts in Inspection, Grant of License and so on.

In this manner through this blog we attempt to clear the process for the methodology for BIS Registration process in India

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Free International Trademark search in India

trademark registration in india

Free International Trademark search in India

Any individual or organization wants to offer their items in an International Market, they are required to enroll their trademark Internationally too. To get the trademark enlisted internationally it is critical to do trademark search internationally in India, and if no check matches or discovered then an Applicant can apply for trademark registration internationally. International Trademark registration is directed by Madrid Protocol and WIPO ( World Intellectual Property Organization) of Geneva.

International Trademark search is an office given by WIPO by which search is done in international database and candidate additionally gets beyond any doubt that in the wake of applying For trademark Internationally the odds for complaint is less.

Advantages of International Trademark search are as per the following:

By doing Trademark search internationally one gets beyond any doubt that there is no existing comparable stamps internationally. What’s more, along these lines,, the odds of protest lessens. By doing trademark search the Applicant determines that they can’t utilize their trademarks on International level, which spares them for doing any kind of infringement.

Furthermore, by doing Trademark search internationally one gets clear and can likewise observe the infringers i.e. who else is using their stamp and making business advantage out of it and in this way the Applicant can sue the infringer and can assert harms or can request injunction either.

Along these lines it is vital for each individual and friends to do trademark search before applying for Trademark whether in India or Abroad.

Procedure of Conducting International Trademark search In India

There are distinctive strategies for conducting International trademark search in India. The entire database of international trademark is there on WIPO Website, and its control board includes the organizations that agreed to accept the Madrid framework. Through Word Search, Logo search and Device Search Trademark search should be possible:

You can direct word search and search for phonetic comparability under class 1 to 35.

Logo grouping is helped out through Nice Classification database set up in light of Nice understanding.

Gadget check search is finished using the International Classification of Figurative component of stamp database.

One imperative thing to be noted before applying for International Trademark registration it is critical to get your trademark enrolled in no less than one Country and after that you can apply for trademark registration in other Country.

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Difference Between Trademarks, copyright And Patents

intellectual-property-ip-punch-list-

Trademarks, Copyright and Patents are three different things i.e. these are three different kind of Intellectual Property Rights. IPR is the right given to the creators over the creations of their mind. According to WIPO (World Intellectual Property Organizations) Intellectual Property can be defined as the creation of mind, the inventions, literary work, names, logo, dramatic work etc.. and creators of these things gets the exclusive right to use these Intellectual Properties, and no one else can use it without their permission.
There exists difference between Trademarks, Copyright and Patents, but still people finds it difficult to make out difference between these three. Therefore by this blog you will get to learn difference between the Trademarks, Copyright and Patents.
Trademarks
Trademark can be defined as unique name, symbol, logo, colour etc. that can be used to distinguish one goods from the other. By registering Trademark the owner gets an exclusive rights to use that trademark, and that trademark can further be transferred or assigned to others. By trademark registration in India he owner gets exclusive right of its usage and distribution. In order to get your trademark registered in India trademark that is chosen should be unique and should not be generic.
Trademark in India is given for the maximum period of 10 years and it gets renewed after every 10 years. The trademark registration once obtained is valid as long as the mark is used in the commerce.
The benefit of getting the trademark registered is that the trademark owner gets the exclusive right of usage of that trademark, and he can also further assign or license his trademark. And if anyone else who is not authorized to use that trademark uses it then the owner of the trademark can sue him for infringement of the trademark. And they can use R symbol once their trademark gets registered. For example, Apple, Maggie etc.
Copyright
Copyright is the kind of IPR that protects the original work of authorship such as books, articles, songs, photographs, sculptures, choreography, sound recording, motion pictures and creative works. In order to get the work copyright then the work should be original and creative, but the work should be in tangible form i.e. idea cannot be copyrighted whereas in order to get its work copyrighted idea should be expressed in some tangible form.
Copyright is given till the lifetime of Author plus 60 years after his life. The Author can use c symbol after getting its work copyrighted. With copyright registration in India Author gets an exclusive right to reproduce it, make derivative of work, distribute and make public performance and display the copyrighted work. And no one else can use that copyright otherwise it will be considered as an infringement, and the Author can sue the infringer and claim for damages or Injunction either. For example, Novel of Chetan Bhagat etc.
Patents
Patent is given for the new invention i.e. if any one has invented new thing such as manufacturers, machine, compositions, novel processes etc. then he/she can give application for patent registration. For Patent Registration there should be three things which should be met and those are, Novelty, Industrial application, and non-obvious.
Patents is valid for the maximum period of 20 years and after 20 years it comes in public domain i.e. after 20 years any one can use it publically.
Before 2005 only product patent was valid but after 2005 amendment both product and process patent is valid.

After getting product patent in India the inventor gets the exclusive right to prevent others from making, selling, or importing the protected invention. For example. Microsoft has taken patent for its multiple software.

Therefore these three are the clear distinction between the three on the basis of kind of product they prevent. For instance, trademarks gives protection to names, symbols, logo etc, Copyright gives protection to literary, artistic and dramatic work, or creativity and patents gives protection to the new invention.

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Benefits of FSSAI Registration

fssai registration online

A food License by which is issued by FSSAI is regarded as a permit which is required to operate a food related business and also in order to ensure good quality of food in your business an from the benefits one from the government actions on non-compliances.

But, some of the entrepreneurs, oversee the importance of FSSAI license as to how this license can be used as an effective marketing tool in order to boost your business. You can use FSSAI License in following ways:

  1. Consumer awareness: in this age of information, the consumers have become more alert and informative about the quality of food which they eat. With the number of diets and increasing of the healthy eating food options, people are required to know as to what they are consuming is not just safe but also is of good quality. More so after the recent controversy with Maggi, are proving that consumers have started to take the food security standard safely.
  1. Legal Advantage: most of the businesses identifies getting an FSSAI License as an expensive, time consuming and inconvenient process of documentation, thus, they try to avoid getting the license. But in reality the process is not so cumbersome and there are sites which can help you get the license with ease. The  actual cost is order to achieve the license is less than what you will have to pay for in as the penalties if you are caught. It is thus advisable for any businessman to firstly get your license before you can even officially open your business.
  1. Using the FSSAI logo: once you have the license, you can skillfully use the FSSAI Logo in your menu cards and also in the Pamphlets in order to publicise you foods superior quality from others. This however, gives you edge over the many food operators not having the license. All packaged food is thus required to have FSSAI number. The logo is seen as the mark of validity as also for assurance by the customers. In fact the selective consumers wants to consume food products specifically who are having the license. It helps you in developing a brand name.
  1. Business Expansion:  when the time comes for your business to expand in other areas or outlets, you can easily do so with the help of FSSAI License. The license will help you to establish your reputation and also your qualification to grow your business in a new direction and with ease. Moreover, the license can also make it easier for you to get bank loans and for funding which is required for expansion. 

It is thus believed that there are more than crores businesses in the country while only 33 lakhs are registered with FSSAI. The importance of the quality standard is ever growing and it is beneficial in the short as well as in the long run for your business in order to have FSSAI License.

 

In case you are looking for FSSAI registration online , you can consultant BIATConsultant for the same to easily get your FSSAI license .

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How To Check Or Search Registered Trademarks In India?

trademark registration india

If you want trademark registration to be a successful process, you need to cover all your bases. With the search for a registered trademark, you will be one right step to the right direction of this purpose of covering your bases. The process is undertaken online and it is pretty simple. However, make sure that you are o the desktop while you are searching for a mark. Because Government sights are not yet optimized for mobiles properly.

A trademark search is what one might call the most underrated aspect for applying for trademark registration that many laymen out there tend to ignore. This step is not only important in order to see as to whether your mark is even available, but this search module is also responsible for something called a proper trademark classification.

Searching for registered trademark in India

If you are engaged with the trademark registration process in the right way, you are going to make sure that all your bases are covered. To that end, it is important that you make sure that each and every step you take throughout the application filing process is the right one. One of those step is to look for a registered trademark.

Steps to look for a registered trademark

The steps to look for a mark that are already been registered are the simple one if only you know where to go. To that end take heed of the following steps:

  1. You first need to open up your browser (preferably Google chrome or internet Explorer)
  2. Then you go to the browser and you search and input these exact terms, public trademark search.
  3. Once you are there in the module, you will have the following options:
  • A word mark
  • A logo
  • Other mark

      4.   If you select word mark from the drop drown menu, then you will be prompted to enter the Vienna code. Therefore, as your first search choose the wordmark.

       5.  Now, in the given dialogue, you input anything that you want to write. If you want to type  “Taranga” you can type that. However, if you want to know the mark starting from a certain character you precede the character with “starting with”.

       6.  Now, matters what method you choose, enter your mark and press enter.

       7.  If any such registered trademark is available, you will be presented to a page where you can actually see the trademark along with its logo.

These are the steps that will allow you to see the registered trademark. This is going to make sure that you are properly armed with at least some knowledge before you apply for your own trademark.         

You can also contact BIATConsultant for getting your trademark registration and trademark infringements in India .

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What Are The Advantages & Disadvantages Of Partnership Firm Registration?

partnership firm registration

The Partnership firm is the one that entails partnership between two individuals that undertake business for profit reason. There is no need to incorporate this form of business entity and there is no need to have a structure associated with it.

When it comes to India , one of its most popular firms that has come up with the Partnership firm. It is a form of business entity where two individual partners up and join forces to conduct a business for the purposes of profit.

However, just as it is with every sort of business entity, there are advantages and there are drawbacks that are associated with this particular form of business entity and they are as follows:

Benefits Associated with a Partnership Firm Registration:-

The benefits that are associated with a partnership firm are as follows:

  1. This sort of business entity is easy to start- 

Among all the business entities that are present in India, this is the sort of firm that is easiest to start. The only requirement for the incorporation process for this firm is that the need of a partnership deed. With this requirement, it can be incorporated and start within the same day. When you compare this kind of firm with the Limited Liability Partnership you would note that compared to 10-15 day registration process of LLP, this is just one day.

  1. There is no need to pass resolutions-

When it comes to any sort of business, the most amount of time it takes to start a process is with the decision process. The reason for this is to need to pass the resolution. However, this is one thing that the partnership firm does not need to partake in. to that end the decision process is fast and is reliable.

  1. Raising Funds-

It is far easier for a partnership firm to raise funds when you compare it to the Proprietorship firm. As there are multiple partners to contribute money. Furthermore, when it comes to loan, it is easy for a partnership firm to access it as the banks favours this lot more.

  1. Equal sense of belonging-

Each partner in a partnership firm has a sense of belonging. They both can manage and indulge with many activities within the company. However, there cause is also common one. With ownership, what you have is a higher sense of accountability. The more accountable that partners feel, the better is there performance.

However, all is not green in the world of Partnership for there are certain drawbacks to this a well:

Drawbacks associated with partnership Firm Registration

The drawbacks that are associated wit this sort of firm are as follows:

      1.  The Liability is unlimited-

When the firm suffers a loss, then each and every partner associated has to bear them. Furthermore, the liability that one partner creates happen to be same for the other partner as well. In order to quell this liability, LLP came into existence.

       2.  The Number of Members is low-

When it comes to the numbers of members, that are allowed in such a firm, the number is limited to 20. To that end, the LLP makes for a much better option in this regard.

       3.  There is no central figure-

While this is commendable that this form of business entity tries to take a lot more attentions into its account. The lack of the central figures when it comes to the operations can make the entire endeavour a bit directionless. Furthermore, there can also be a discrepancy as to how much power is given to the Partners. There are times when one partner has more power than the others and this can turn things ugly as well.

       4.  The public finds it hard to trust a Partnership Firm-

When it comes to the matters of trust, you should know that a Partnership Firm does not require any sort of Registration done. To that end, there is no need to have structure of this firm. Now, for something which appears to be directionless, it is quite hard to gather the trust from anyone, let alone the public.

        5.  it can be dissolved abruptly-

When there is a certain case of “death” of one of the partners of the firm, it resukts in the complete dissolution of the firm. This sudden tend to end the business of the firm. With protection against dissolution, LLP has become a more desirable option as the death of the partner does not lead to any such disruptions to operations.

Conclusion-

There are both ups and down when it comes to a Partnership Firm. However, some of its benefits and disadvantages come with any form of business entity. While the lack o a central figure and lack of limited liability is quite obvious, there is a sense of freedom associated with such a company that still makes it alluring to traders.

BIATConsultant is leading consultant for partnership firm registration online in India .

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