Uncategorized Archives - Page 4 of 5 - Business , Financial & Legal Consultant In India

March 3, 2019

Removal or Resignation of Partner from LLP

Limited Liability Partnership (LLP) is a company where all partners are having Limited liability. Which means that one partner is not liable for the negligence of other partner.

Features of LLP

Limited liability protection is one of the main advantages in small and medium sized businesses.
The existence and running of a limited liability partnership is not dependent on other partners. The change of partners in Limited Liability partnership will not affect in the continuity of the Limited Liability Partnership.
The liability of partners in LLP is limited to the amount of capital invested and there is no minimum limited to the amount of capital to be invested.
However in a partnership firm minimum there should be two members and maximum there can be 10 members, whereas in LLP minimum two members are required and maximum there can be N numbers of members.

Removal or resignation of Partners

Removal or resignation of Partners can happen for many reasons and those reasons are as follows-

Death of the partner
Dissolution of the LLP
If partner is declared to be of unstable mind
If partner is declared as insolvent

A partner can be removed from LLP if there is such resignation or removal clause in an agreement, until then no majority of partners can remove the partner by voting.

Removal of partner by majority, for that form is to be filled within 30 days duly signed by designated partners and the same has to be validated by a Chartered Accountant.

If a partner himself wants to resign the he must file or requires a notice to be given to the designated partners about its resignation 30 days in advance.

The procedure of removal of Partners from LLP is simple and the procedure is as follows-

Preparation of financial statements and division of assets among the partners from the date of resignation.
Redrafting the LLP agreement
Tax compliances applicable to retiring Partner

January 13, 2019

Company Registration is now free of cost

Start ups are the best option for the youngsters to show their talent in the business. India is an exemplary place to start a business with a mob of most business efficient people. India is a country that has become great for investment.

Small business or people with excellent business ideas have many opportunities to incorporate a business with no cost. In this blog we will get to know the process of its incorporation and the step taken by government of India for small enterprise or business to legalise and expand their business.

Free of cost company incorporation

Company registration in India has now become effortless. Here are certain steps which are taken by the Government to make incorporation of companies easy and flexible and they are as follows-

Company can now be registered at zero cost up to an authorized cost of INR 20 Lakhs.
Company name filing will have a procedure.
Digital signature will not be required for company name approval.
Reserve Unique Name (RUN) is a new service that has been launched by the Government.
Director Name Approval (DIN) is not required for company name approval.
Director Identification number (DIN) is required in case of Spice form filing.

Now register all type of companies free of cost

Free incorporation of companies brings transformation that makes things simpler and easy for business in India. All forms of companies i.e. Private Limited company, public Limited Company, One person company etc is free of cost

There are some cost which is required to be paid by people those will register company now. Here are certain points under which some entities will be chargeable with a basic amount and they are follows-

Director Identification Number (DIN) fees of Rs. 500 per Director.
Digital Signature Certificate (DSC) fees of Rs. 600/- per promoter.
State stamp duty which comes around from Rs. 200/- to Rs. 10,000/-.
Professional fees comes around from ( Rs. 5000/- to 14,000/-).
Stamp paper and miscellaneous cost comes around to Rs. 500/- to Rs. 2000/- (depends on the number of members).

Easy steps to claim free of cost company registration

It is very easy to register a company in india if the name chosen by a company is unique and now it is free of cost as well. But you need to follow a basic rule and should hire a professional to guide you in best possible way. Since there is no Direct procedure, therefore it is required for a company or any individual who wants to register its company name should hire a professional as their signatures are required. This process is also less time consuming.

Therefore free of cost company registration is just like a revolutionary step which is taken by Government of India. Business registration is one of the major benefits of country’s wealth. India secures the position in the top 10 economic nation in the world. Things will be built in a better way.

January 13, 2019

Assignment of Copyright in India

Copyright is a unique kind of Intellectual Property right which gives protection to original creator or author. Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It is essential that work must show a minimum level of creativity and originality.

Once the copyright is registered by the owner that cannot be reproduced or published without the permission of the creator.

Also Read : How To Apply For Copyright Registration In India ?

Crucial points for Copyright Assignment

The ownership of the copyright may be transferred wholly or partially.
While assigning copyright to the third party the owner must specify the amount of copyright. And that third party cannot further assign that copyright without the permission of the owner.
In case the assignment of copyright will take place in future then that assignment shall take effect only when the work comes into existence.
The assignment of copyright is legally valid only when it is signed by the assignor or by his authorised signatory.
The rights of the assignor of copyright shall be diluted to the extents of the rights assigned to the third party.
The assignment deed shall specify the territorial extent of such assignment.
The assignment shall further specify the assigned rights and the amount of royalty paid.
The assignment agreement shall be subject to revision, termination, extension on terms mutually agreed upon parties.
In case the assignee fails to exercise its power within 1 year of assignment then the assignment in respect of such right shall be deemed to be lapsed.
If the assignment is contrary to the assignment which is being mutually agreed by the parties then it shall deemed to be as void.
In case of Manuscript, copyright is a personal property and if it is to be transmitted then it can transmitted by testamentary disposition.
The equitable assignment is just the agreement to assign and not the assignment.
After the transmission of the copyright the assignee will get right of translation, adaptation, dramatic and filmmaking in the work.

The basic motive behind the introduction of copyright assignment is to give benefits of ownership and distribution to the creator of the work , however the copyright assignment cannot be used to deprive the original creator of his original creation.

January 13, 2019

Is Independent Director really an independent person?

In the age of start-ups there are Directors who take up the charge of the company as they manage and controls the whole of the undertaking efficiently.

Directors are the representatives of the investors and ensures that the company is moving inna right direction to achieve its objectives. For every startup Board of Directors takes necessary steps to ensure that there is no mismanagement in the company.

Independent Director

Independent Directors are the Directors who are brought from outside to participate in Board Meeting of a company and must not be having any material or pecuniary interest in the Company. Only those who are not having any material or Pecuniary interest in the Company determined by the Board to Directors to become Independent Director of the Company. He is given sitting fees in the Board meetings of the Company.

Appointment of Independent Directors

Appointment of Independent Directors in a Listed and Unlisted Companies is very easy and the same is approves in the meeting of shareholders and Independent Directors are appointed as per the provisions under Companies Act, 2013 and they are as follows-

For Listed Companies- at least one third of the total Directors should be independent Directors.

For unlisted Companies- At least there should be two Directors who are Independent in case of unlisted companies.

Public companies should be having paid up share capital of 10 crores or more.
Public companies must be having turnover of Rs. 100 crores or more.
And public companies who should be having in aggregate, outstanding loans, debentures, and deposits exceeding 50 crore Rupees or more.

Term of Appointment

The appointment is for a term of 5 years commencing from the date of appointment and ending on 6th Annual general meeting of the company following the date of appointment. Such appointment can be terminated at any point of time according to the Companies Act, 2013.

The time period of the Independent Director must not exceed two consecutive periods of 5 years each and can be extended for a second term only after passing a special resolution.

Re-appointment of Independent director

According to the companies Act, 2013 Independent Directors can be reappointed only after the expiry of the second term but such reappointment can be done only after the expiry of three years.

Independent Directors always makes sure that the affairs of the company are conducted in a best way so that organisational objectives can be achieved easily.

Want to form a company or get appointed in a company as a director , consult BIATConsultant – #1 Business Consultant In India

December 20, 2018December 20, 2018

Types of Copyright in India

Copyright is a a form of intellectual Property which gives exclusive right to the Authors and creators of original work, and also it gives economic rights to the author which includes right to Copy or publication of a work, or any substantial part of asset.

Copyright of literary work

Books, poems and all literary work which is written by a author must take copyright of it because just writing the book and saving it in a Computer or hard disk does not make you a legal owner of that Book. therefore it is important to take copyright protection of each and every Literary work which is your original creation to do copyright of the same.

Copyright of Cinematography

Visual Collection of any moving object with sound is termed as Cinematographic film. It takes or requires lot of hard work to produce a cinema, and therefore there are lots of people who are involved in its production. And therefore the Producer of it can claim for the copyright of a Cinematographic Cinema. There are certain rights which are provided to the Producer and they are as follows:-

To sell or resell it or give it on hire
To make a copy, Photograph or produce it in parts.
Producer is the only person who will publish the film in public and in that sound recording of a movie is not covered.
Also the artists, the movie is not protected by the copyright of the film.

Copyright of Painting

Painting is an Artistic work and can be copyrighted, whoever makes that painting is said to be the original creation of that person.the person who buys a painting from an exhibition is not said to be the original creator of that painting unless that person has granted no objection certificate from its original creator.

Copyright of a Software

Software Developer uses Software Copyright and proprietary software companies to prevent unauthorised copying of their copyright.

Points of Copyright to keep in mind while remixing a song

Remix of a song is costlier to do a copyright of a song as Remix of a song is just a mix of songs which already there in market and not the original work of the creator.

There are certain issues which are faced in Copyright of a Music

Reproduce work in any form
Issue copy of the work
Perform the work in public
Make any films
Sound recording in the work
Translation of that work

December 12, 2018

Procedure For Registration Under Goods And Service Tax (GST) In India

KINDS OF REGISTRATION

THERE ARE THREE KIND OF GST REGISTRATION

1. Mandatory registration
2. VOLUNTARY REGISRATION
3. REGISTRATION BY DEPARTMENT

Before getting registered under GST which came into force in India in July 2017,
we should know what is GST. GST is known as Goods and Service Tax which covers
both supply of Goods and services.
1. Any supplier either Individual/ firm/ company /any organization doing
business or services in India and whose turnover exceeds the threshold
limit i.e 20 lacs at present are required to get mandatorily registered under
GST.
2. It authorizes the person for collection of GST from the customers.
3. It also allows claim of Input tax credit or GST paid on purchases of goods
and /or services and utilizing the same for payment of taxes due on supply
of goods and or services.

REQUIREMENT OF DOCUMENTS FOR REGISTRATION
1.Pan card/Aadhar card
2.Electricity bill/ Telephone bill/Rent Agreement/ ownership proof/No objection
Certificate.
3.MOA/AOA OR Partnership Deed
4. Bank statement/ cancelled cheque
5. Photograph in Individual and partnership
6.Email Address

7.Mobile No

PROCESS OF REGISTRATION OF GST
1. First go to Govt site. GST.Gov.in
2. In Part a of form GST REG -01 PAN No. Mobile No. email Id . should be
filled.
3. Temporary Reference Numer shall be received on mobile and Email after
otp verification.
4. After that part B of GST RG 01 shall have to filled up and duly signed by
DSC/EVC and documents should be uploaded.
5. An acknowledgement shall be sent in GST RG 02 after successful submission
of above said firm.
6. If any objection is intimated in GST RG 03 it will have to be cleared by
visiting related GST office or through GST RG 04.
7. If application accepted you shall get registration Certificate in GST RG 06
otherwise Rejection certificate in GSR RG 05

December 3, 2018

What Is Section 8 Company And Its Registration Process In India ?

If you are planning to start non- profit Organization then opening a section 8 company is a good option as it involves several benefits within it. So here in this blog we will discuss the procedure for the registration of Section 8 Company.

Objectives of section 8 Company

Section 8 company is basically to start Non- Profit Organization into certain kind of business entity. And the objectives of Section 8 company are as following:-

To promote science, Art, Commerce, Education, social welfare, charity, social welfare, Protection of environment or any other objective that relates to social-economical conditions of society in some shape or form.
The profits which are generated through this business is to be used or promote the above mentioned objective.
Its only objective is to promote business and its profits not to be distributed among its members.

Section 8 Company Registration Process

Firstly Digital signature Certificate is to be obtained of one of the Directors of the Company.
Then DIN (Digital identification number) is to be obtained of the proposed Section 8 Company.
Then Name is to be Approved through RUN (Reserve Unique Name) and then submit it to the Registrar of Companies.
The MOA ( Memorandum of association and AOA (Articles of Association) is to be submitted in which under MOA Objectives and Powers of the Company is explained where in AOA rules and regulations that are followed by NON-Profit organization/ Entity.
Then Form INC 12 is to be filed, this form is for providing such institute a License to conduct welfare activities.
Finally we file for Company Incorporation, by filing spice Form.

Documents which are required

Copy of PAN Card of Director
Any Identity Proof
Utility Proof as Address proof for the headquarters of Company
Passport sized photo id
Proof of ownership of the registered office
An NOC as well.

Get your section 8 company registered in India with ease by BIATConsult

September 29, 2018

What is Deceptively similar Trademarks case in India; Brief Example

One of the biggest hurdle in getting the trademark registered is the similarity of the trademark with the existing similar marks. If you are having a similar mark with the existing mark then it creates confusion in the minds of customers. It is important to understand that Trademark is unique, i.e. it is not deceptively similar to the existing mark.

In order to get registered as Trademark in India, it has to fulfill the criteria of distinctiveness, Non- Similarity and it should not be prohibited by law. Deceptively similar mark is the most common ground on which objection comes from the side of Registry.

According to section 11(1) of Trademark Act, 1999, a trademark cannot be registered if it is deceptively similar, or identical, with the existing trademark and goods and services, that is likely to create confusion in the mind of public at large.

What is deceptively similar mark?

According to the section 2(h) of the trademark Act, 1999, it means that any mark which is similar or identical to the already existing mark, and which is likely to cause confusion among the mind of customers, is called deceptively similar mark which cannot be registered as trademark.

Famous Deceptively similar Trademark Case

In this case there were two marks i.e Starbucks and Sardarbuksh, so in this case sardarbaksh started its business in Delhi and also opened its 5 outlets across Delhi. Whereas Starbucks is a well known mark and also a registered mark all over the globe. And Starbucks filed a case against Sardarbuksh to stop its mark to use it further as it is deceptively similar mark with starbucks and also causing confusion in the mind of public at large. Therefore in this case court ordered Sardarbuksh to change its name to sardar-buksh as it was hampering the business of starbucks which is known and famous globally.

Want to get your trademark registered in India or want a suitable lawyer to handle your trademark cases , hire BIATConsultant – One of the best legal consultant in India .

August 28, 2018

Procedure For Registering Trademarks in India

Trademarks is any name, slogan, graphics, shading mix or even notice that is a special articulation identified with an item or administrations that recognize its merchandise and ventures from others. By Trademark registration the proprietor gets a selective right of use of that trademark and can additionally exchange it likewise in the event that he need to.

For trademark registration initially, Trademark search is to be done, through which one gets demonstrate that current brand innocence or comparable name does not exist and further no protest could be raised by the registry.

At that point Application for trademarks is to be connected by an individual itself or they can pick their Attorney or Agents to do as such, as through BIATCONSULTANT trademark Registration can be connected for. At that point inside three long periods of Application the Applicant can utilize ™ image as it requires long investment for the registration of the trademarks and subsequent to getting registered the proprietor or the Applicant can utilize R image for its trademark.

Trademarks Registration process Online In India

Top off the Trademark Registration frame:

Before you start with the technique, the trademark registration shape is to be filled by the Applicant which is likewise called as TM-A (Trademark application) specifying your important subtle elements. The frame approaches about the business for your business, in the event that the trademark is being registered in its name, and the logo, slogan, word you are registering.

Trademark Search

Before you go for a trademark registration it is essential to ensure that there is no current or comparable trademark, so you will do trademark search first, or through Biatconsultant, we ensure that we do exhaustive search and after that disclose to you that whether your check is accessible or not.

Choice of Class

Each brand name and logo is registered under a specific class. The Trademark Registry has ordered the products and ventures in various classes i.e. from class 1 to 45. Through biatconsultant we assist you with searching and propose for the fitting classes under which your trademark falls. For instance, autos falls in various class while Restaurant falls in various class.

Trademark Application documented

When you have documented your application then you will get a ™ Number from the recorder which causes the Applicant to track the application or trademark status on the web and besides the Applicant can utilize the ™ image with their image name.

Fastening the Vienna Codification

This is the critical advance in Trademark registration. The Vienna Classification or Vienna Codification is the worldwide arrangement of the component of stamp. When you have recorded an application for a trademark, the trademark enlistment center will affis the Vienna Classification on your trademark. At this stage it is perused as “Application sent for Vienna Classification”.

Trademark Examination

After your trademark is sent for vienna order, the trademark officer will look at your trademark based on techniques and rules. After that the Trademark Application can either be acknowledged or Registry can raise the complaint based on examination report.

Hearing before trademark enlistment center/Officer

On the off chance that the Registrar isn’t happy with your application or has rejected our trademark application then you can go for hearing before the Registrar. Subsequent to hearing your focuses in hearing if recorder gets fulfilled then they can go for settle arrange or it is possible that they can dismiss their application. Also, on the off chance that you are not happy with the choice of the Registrar then you can approach the Intellectual Property Appellate Board.

BIATConsultant is #1 business consultant for Trademark registration online in India . Contact us now .

August 15, 2018March 21, 2025

How To Register DOT OSP License For Call Centres In India ?

How to register a call centre in India

Other Service Providers (OSP) are the service provider of IT and telecommunication services. OSP can take telecom services from authorized telecom service providers. These services can be provided in the field of banking, medicine, e-commerce, aviation, education etc. telecom resources are telecom facilities used by OSP. There are two kinds of OSP domestic and International.

OSP services need to get registered through Department of Telecommunication (DOT). Services can be provided according to the terms and conditions formulated by telecom commission in February, 2000. There are certain services like call center, IT Services, and telebanking.

Requirement of OSP Registration:

Incorporation certificate of the company.
Memorandum of Association and Articles of Association.
Board resolution of power of attorney authorizing the authorized signatory with self attested signatures.
Nature of business or activities of proposed OSP.
Directors list of company
The present shareholding pattern of the company and equity details.
A number of seats in the call centre
Schematic diagram of the call centre layout and details of equipment
Address of the location connected with leased lines or where incoming only PSTN lines are terminating
The bandwidth of the leased lines

Steps to Register:

First you need to visit website www.dotosp.gov.in
Fill form 1 where all the information about the services are needed to fill.
Submit the important documents mentioned above. The documents should certify from Company Secretary, Director, Statutory Auditor, or Public Notary.
After it, the authority makes necessary verification and it grants the license valid upto 20 years from the date of such Application.
The Company can have more than one OSP which requires an amendment.
The processing fee is to be paid Rs. 1000 can be in the form of DD or other banking norms.

Terms and Conditions:

Telecom resources of OSP should be from an authorized telecom service provider.
After examination of a network diagram of the network proposed to be set up by the OSP from Authorized telecom service provider.
OSP should submit the copy of the network diagram approved by the telecom service provider to VTM cells for records and verification.
OSP can have internet connectivity from an authorized internet service provider.
Permission to share OSP with Telecom Bandwidth with other activities of the same company or group of companies.
Restriction has been proposed that the OSP shall not, without the prior written consent. Directly or indirectly, assign or transfer this registration in any manner.

A comprehensive guide to start a BPO in India

For every aspiring entrepreneurs who desire to start a BPO the procedure for its Registration may sound tedious. In this blog we have outlined certain easy steps which you can follow to start a BPO in India.

When it comes to Indian Stereotypes, talk about the call centres come at the top of it. But, regardless of how it might look like, there is a certain amount of untapped potential of profit in this industry. This fact is pretty evident by the fact that several start-ups are actually moving forward with their dreams of having their own Business Processing Outsource (BPO). However, this entire prospect of BPO centre is not quite easy. It requires patience, lots of legal hurdles, and lots of documents that can make the entire process quite daunting.

However, with this blog, we aspire to ease your pain on how to start a BPO in India. Once you are done with this blog, you will have a more intimate understanding of the documents you require and the acts which you need to perform.

Step 1- setting up your BPO institution as a legal entity

Before you move on to setting up your Business Processing, you need to make sure that it stands as a proper legal entity. When it comes to India, you should sick with the most popular and the most feasible legal entity. Private Limited Company is the most relevant one. You can read about that how to give your business this legal identity in one of our other blogs.

Step 2- adhere to the purpose of BPO

A BPO is meant to provide services, these services come under other service providers (OSP). Therefore you will need to provide an OSP registration to your legal entity.

Step 3- Adhere to the following guidelines

Here is a succinct outlook on the guidelines that you need to follow while setting up a BPO:

There are exclusivity for call centres in India.
They are registered under OSP category defined in section NTS 99.
The validity period is 20 year.
100% FDI is permissible in all of the call centres in India
There should be no change in foreign or Indian promoters to the call center until approved by the competent authority
The resources that the call centre use should have legal standing
The telecom services provided to the BPOs will be based on their approved network diagrams.
There should be no interconnecticity of the international call centre to the domestic one.
The Department of Telecommunication is responsible for providing the adequate approval for interconnecting two domestic centers.

There are several other guidelines which you need to adhere in a letter head that you need to provide along with the following documents:

A DD of 1000 Rupees in the name of “pay and accounts officer (HQ), DOT”
Location of the termination sites of IPLC
Bandwidth of that IPLC
Number of seats in the centre
Schematic diagram of the call centre
Name of the foreign/domestic clients associated with the BPO

So in case you are looking for DOT OSP license registration in India for your call centres , you can contact BIATConsultant who can help you getting the license with ease .