Decoding the benefits of registering a Business

Decoding the benefits of registering a Business

There are lots of benefits which are there of registering a business in India and they are as follows-

  1. It gives you a structure- By forming a new company, it gives you a better structure of business, like suppose if you want to open a one man company then you can go for One person company formation, or if there are Partners in your company then you must opt for a Partnership Firm and by forming a company, it helps in smoothly running of a firm.
  2. Without structure there is no order in the company and therefore it affects the profit margin of the company. Therefore when we talk about business then we must focus on how must give a properly organized structure to your business idea.
  3. By opting for a registration of company, it gives a separate entity to your business, as you get certificate of incorporation which can be called as a Birth Certificate of your newly formed company.
  4. There is perpetual existence of a company, like when we open a startup , then everyone one only wants to make money but also they want to establish a legacy. When a business is registered it gives a separate entity. If and when the owner of the business dies the business can continue to exist. Its ownership can be transferred to another Director, or it can lie dormant.
  5. Registered business are more trustworthy, basically unregistered business is worthless as before doing any business, anyone wants to have safe business and they do not want to lose in their services, therefore registered business are termed as more understandable as compared to the unregistered one.
  6. Limited liability partnership is probably the most overused terms when it comes to “ benefits of Business Registration”, however people are still fuzzy about its meaning. So Limited Liability means that a company is a separate legal entity and it has to bear its own losses.

Conclusion

When it comes to business registration, there are many but when we talk about its benefits, there we lack, I hope that through this blog we have enlightened you with the understanding of what the benefit actually means.

Companies 2nd Amendment Rules 2019 for Appointment and Qualification of Directors

Companies 2nd Amendment Rules 2019 for Appointment and Qualification of Directors

INC 22A is an active form introduced by MCA as compliance back in January of this year. Under this compliance, every company which is formed or which is registered on or before 31st December, 2017 has to file the e-form active INC-22A. It tags the companies that are active and currently doing business. At the same time MCA takes their eyes on the working of the companies. Cobimining with this rules for Director Qualification and appointment, MCA has released a new notification for companies 2nd amendment of 2019, it states as follows-

“Where a company governed by Rule 25A of Companies (Incorporation) Rules, 2014, fails to file the e-form ACTIVE within the period specified therein, the Director Identification Number (DIN) allotted to its existing Directors, shall be marked a Director of ACTIVE Non-compliant company.

Let’s talk about Director Disqualification

As per Rules of Companies Act, under certain circumstances, a director of a company can be disqualified by the MCA. when that happens, the Director’s DIN is removed from the registry. As a result, the Director can no longer be associated with the company. Where you can definitely remove the Director disqualification by filing a Petition o the Court, what if the Director of a company is appointed to again goes non-complaint because of Non- filing of INC-22A.

ACTIVE e-form INC 22A

MCA introduced this form back in january. Important and mandatory for companies that were registered before 31st December, 2017, this form’s main reason was to tag companies that are active (Currently doing business), through active tagging and verification it tries to locate shell companies. If the companies does not file INC 22A within the extended period of due date, it is marked in the MCA registry as “ACTIVE non compliant. It means that the company is active but has not filed the ACTIVE e-form.

Director of Non-compliant company

Before the mentioned notification, it was only the company that was marked as non- compliant. However, with the announcement of companies act, 2nd amendment notification, the meaning is this,

“ If the company is marked as Non- compliant in the mCA registry because INC 22a was not filed the DIN of the Director of that company is marked as “ Director of ACTIVE Non- compliant company”.

The notification further states that when the Director’s DIN is marked as  Director of ACTIVE Non- compliant company, then they have to take all the necessary steps to file the complaint and to remove this mark. In this case the step would be to file INC 22A.

Further the notification states that once the Director files the Compliance INC-22A their DIN will be marked as Director of ACTIVE Non- compliant company.

Company Registration is now free of cost

company registration at zero 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-

 

  1. Director Identification Number (DIN) fees of Rs. 500 per Director.
  2. Digital Signature Certificate (DSC) fees of Rs. 600/- per promoter.
  3. State stamp duty which comes around from Rs. 200/- to Rs. 10,000/-.
  4. Professional fees comes around from ( Rs. 5000/- to 14,000/-).
  5. 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.

 

What Is Said To Be Dormant Status Of The Company

what-is-a-dormant-company

Dormant status of the Company

 

The concept of Dormant Company came into existence in India with Companies Act, 2013. And it basically is formed as a sleeping or inactive company which is made for the future perspective. There is not any specific clause in the companies Act but it is mentioned in section 455 of Companies Act, 2013. And under this section the types of companies which are formed for future references is being discussed.

 

Inactive company does not carry any business operations or has not made any significant accounting transaction during the last two financial year.  Companies must have not filed any financial statements or Annual returns during the last two financial years. Companies who have fails regarding mandatory annual requirements, those companies are also referred as a Dormant Company.

 

Here are some Rules regarding Dormant Company

 

MSC-1- Application for seeking- Application for obtaining a status of a Dormant Company can only be obtained through a special resolution Approval and through issuing a notice to all the Shareholders. There should not be any kind of dues i.e. tax dues or any outstanding loans, then only the status of a Dormant Company can be obtained.

 

MSC 2- Certificate of Registrar- Registrar will issue the Certificate.

 

MSC 3- Return of Dormant Company-  By filing return the financial position of the Company can be seen. And the returns of the Company should be filed by the Chartered Accountants who are in Practice.

 

MSC 4- Application for Active Status- If a Company wants to get its Active Status then it can simply move an application for the revert of the status along with the requisite fees.

 

MSC 5- Certificate of Application status- In this certificate of Application status is being issued.

 

There are some rules which specifies that a Company cannot remain inactive for more than 5 consecutive years i.e. there are some rules given in which it is clearly written that a Company cannot remain inactive for more than 5 Consecutive years.

 

And is registrar has doubt that being a Dormant Company some transactions have been issued then the registar can take necessary steps or action to revert the status of an inactive company to a Active Company.

 

Want to register a company in India ? Hire #1 business consultant in India – BIATConsultant .

 

5 Tips- How To Pick Or Find The Perfect Brand Name Of Your Product?

5 Tips- How To Pick Or Find The Perfect Brand Name Of Your Product?

“The first impressions is everything”

When you have access to a product that you trade with, you would want for it to be remembered. How it is remembered on the basis of  how you name it and naming the product is the whole essence of branding. With a right name, any product that comes into the market can grab the attention of the onlookers.

This was probably the same thought that the creators of coca-cola had! Now look at it, one of the leading products of our generation with nearly 200 years of existence.

Do you want to make sure that your service or your brand name is on the lips of everyone out there?

Well, it is not even a question, is it? Of course you! Well, to that end, let us tell you some tips that will assist you with naming the product in a best way possible. 

Naming the brand in the best way possible:

The following tips that we are going to tell you about are applicable for every product that you can use to grab the attention of the consumers or the service seekers.

  1. Choose a name that you can speak right: for something to be able to sound right, you should be able to speak it right as well. While you are naming your trade, speak it out and clear. If your mouth does not move a lot, then it is interesting, if it moves too much, then it is overly complicated. Therefore, choose the name that is impactful and yet, and a bit subtle as well.
  1. Your brand name should be able to sound right: now, in order for the name of the brand to sound right, it should not be confusing in any shape or form. Choosing a right sounding name can be tricky because of the simple reason that you need the output of others in this. Go outside and ask complete strangers about the name. you will be surprised to hear how man strangers give you the right response. Take them to heed and rename of your brand if you have to, but makes sure that it sounds right.
  1. Get all of your legal aspect: now, if you want to brand your product in a way that it grows without hindrance like the name getting stolen by other individuals. To that end, you need to make sure that your mark is unique. To get this information, you need to do a trademark search. This search will tell you of the name you have chosen is right and is available for your trade.
  1. Give your name a test run online: one of the ways to know as to whether your ideas will be successful will be with blogs and other online methods. Therefore, once you have thought on a name, you need to start a blog with the name as a domain name or you can start a Facebook group with that name. the amount of people who are going to like the group when you first start the page, is also a form of confirmation from a public that you can look into.
  1. Choose a name that is somehow descriptive and also is not descriptive: this might be the most confusing name that you have ever read. To that end, let us clear this up for you. When you want to choose the brand name the first thought that goes through your head is to name it in such a way, that somehow, the quality and type of your product are emphasized in it. However, this cannot happen. To that end, you can make use of such entities to name your brand that does not claim the quality of your product outright, but does it in a subtle manner. To exemplify, when you hear “Jaquar” you automatically think fast car, sports car etc. similarly when you hear “ Ambuja”, the strength of your word accentuates on reinforcement and therefore, it is the trademark name for a particular brand of cement. 

If you go by the last tip, you might think that the entire matter is tricky. To be honest, it is. However, if you follow along these tips you can be assured that the brand name that you decide upon is not only growth worthy but also durable.

 

Also after choosing the brand name , you must also get it Trademarked so that no one else can copy the same .

BIATConsultant is leading consultant in India providing assistance in trademark registration online , company registration online and more .

Legal Advice For Startup Company In India

legal advise for startup in india

With the ease in company Registration process more and more aspiring entrepreneurs are motivated to bring their dream of forming a startup into reality. When a startup is being incorporated, it goes through various phases. There are separate legal requirement for every phase like at an initial stage every startup is required to procure the business license, obtain registration, maintain books of accounts, taking care of taxation, drafting vendor contracts etc. the various legal advice that every startup must take include the following:-

  1. Choosing the best legal structure: This is one of the most crucial decisions that must be taken by every startup. While taking this decision multiple factors must be considered such as nature/sector of business operation, business trajectory, regulatory and tax considerations, cost of formation, ongoing administration and many more. However the most preferred entity structures for startups in India are Limited liability partnership and Private Limited Company.
  2. Obtaining Registrations and licenses: Any business entity is mandatorily required to obtain certain registrations as per the applicable law. Some examples are Permanent account Number (PAN), Tax Deduction and Collection account Number (TAN), Goods and service tax (GST)number. Further according to the nature of business entities they are required to obtain he business licenses issued by a Government authorities that allow startup to start/conduct/continue to operate a particular business within its territorial jurisdictions lawfully.
  3. Protecting Intellectual Property rights: In the era of Modernization, one of the most crucial assets for any business entity is its Intellectual Property rights. These assets help the startups to establish a distinct brand image and gain the competitive advantage over others. One significant thing to be noted here is that registration of a company or a business in India does not by itself gives protection against others who might commence using identical or similar marks. A Trademark search should be conducted before deciding on these business names, trade names to prevent any issues in future including potential infringement.
  4. Agreements: In case there is more than one founder of the startup then there is a need to formulate the agreement between them in order to establish the relationship between the founders of a startup. In an agreement the role, responsibilities and rights of each partners shall be specified.
  5. Compliance Management: Just incorporating a startup is not enough. The company once registered are required to fulfill certain annual compliance requirements and other requirements to avoid Government interference and hefty penalties. To manage the compliances of the company it may take some professional guidance.
  6. Third party agreement: Utmost care must be taken by the company while entering into any third party agreements and setting out its terms and conditions. The clauses related to breach, termination and dispute resolution should be well negotiated and captured in all third party agreements.
  7. Contacts with employees: Before employing any person the startup must ensure to enter into clear employment contracts detailing terms and conditions of employment. The contract must specify the details regarding the job profile, compensation, and other associated benefits, a number of clauses must be inserted to safeguard and protect the interest of the startup- such as stopping employees from setting up competing entities, prohibiting employees from exercising any legal right on Intellectual Property Rights on the work done/developed during the course of employment.

This is how Company in India, a Company should get started and in case of any legal or professional advice regarding company registration or related to Intellectual Property rights you can contact us at BIATCONSULTANT.

Difference Between Brand Name And Company Name

brand name and company name

People often get confused about between the brand name and company name. they fail to understand the difference between the two and believe that company name and brand name is one of the same thing.
However, in the law, there exists a clear definite distinction between the two. It is important for the business owner or any other person to know this distinction to get it registered. We will take a deeper insight into a meaning and difference between the brand name and a company name with this blog.

Trademark or Brand name:

Brand name is the name that is given to the products and services of the company. This name can be used by the company for advertising and sales purposes. There is a clear distinction between the business name and a trading name. unlike the company name, the brand name does not mandatorily have to end with the Private Limited Company, LLC, Corp, or other legal ending.

On Brand name Trademark is to be given on trading name, i.e. by which company is doing its trading.

Company Name:

The name given to the Organization registered under the Companies Act is known as company name or trade name. simply stated that it is a an official name under which the sole individual or the group of individuals decides to carry on some business activity. The Suffix in the name of the
company depends upon the type of business structure under which it is currently operating. For instance, the complete name of Private Limited Company will be ABC Private Limited Company. A company name could be a private Limited Company or a Limited Company, or LLP company could be there.

Key Differences Between a Brand Name and a Company Name:

1. Multiple brand names could be registered under the name of one company name. For Instance, The Hindustan Liver Limited Company possesses the famous brand name like Lux, Wheel, Ponds, Vaseline and Surf Excel.
2. The company is an Artificial person on whose name the various statutory requirements are fulfilled. Like the income tax returns are filed, Annual filing is made and various other legal proceedings are carried out. Whereas Trademark is just a name given to the products and services that are used as an intangible asset for the company.

3. The name of the company can be registered by filing the RUN form with the ministry of Corporate Affairs. Whereas for obtaining the Trademark registration, the application, Trademark Application has to be filed for the Trademark Department, and trademark can Application shall be applied through IP India Government website, through which certain
government fees have to be given to the Government in order to apply for the Trademark registration.
4. The Applicant is required to conduct the company name search before applying for its registration. Also the search should be conducted in the trademark database. Whereas there is no such requirement for trademark registration. Before applying for trademark registration. Before Applying for Trademark registration, an applicant must conduct the free public trademark search. Unlike company name thete is no requirement to search for
company name database.

 

So in case you are looking for trademark registration online in India , feel free to contact BIATConsultant.com or quick fill in the form below

 

[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

COMPANY INCORPORATION – IS IT EXPENSIVE AND DIFFICULT?

company registration

Several entrepreneurs ignore the importance and significance of company
incorporation before they even begin. They have heard from uncle’s father’s
brother that the incorporation of a company is very expensive and a very
complicated process. So the question arises-why do the big firms and
companies own corporations if incorporation of company is full of spikes?

What is Company Incorporation?
A company generally comes into existence by a process known as
incorporation. After a company has been incorporated legally, it becomes a
distinct entity for those who invest their labour, assets and capital to run the
company. After promotion, the next stage in the establishment of a company is the incorporation or registration. The promoter of a company must perform
the following functions for getting the company registered under the
Companies Act.
First step is the approval of the proposed name of the company. Next step is
filling up the documents that are required during the registration. The third
step is the payment of the required fees as mentioned in the companies Act
1956. The final step is the registration of company. After these four steps, the
company is incorporated.

Incorporation of company offers something to everyone

Whether it is a well-established company or it is fresh new start-up,
incorporation of company has something to offer to everyone. There are heaps of advantages and benefits of company incorporation. Incorporating a business is like making a new entity inside the eye of legal system. This adds value to the business which is incorporated. General population is worried about the financial security of their money. After a business is incorporated in the company form, security is offered to greater part of population.

For the starters, company incorporation can be a real stress. Even for the
veteran entrepreneurs, incorporation of a company can be a challenging task
because there are certain formalities and paperwork that is required for it.

Help of company registration consultant must be taken to implement company incorporation. Even the highly experienced business associates and investors have no clue when it comes to company incorporation.

Company registration consultant makes incorporation easier

As we saw, how cumbersome and hectic the incorporation of company can be?
However, the incorporation can be made easier with some assistance. There
are company registration consultancy firms that assist in the registration of
company. These firms have in-depth knowledge of the process and the
paperwork that is required for registration. When a company is registered, it
becomes a legal company and follows the rules and regulation established by
the government.

That is the reason why the people take help of these professionals for
company incorporation. By exploiting the services of experts and advocates,
company incorporation will not be tough task for you. If we talk about
management fees for company incorporation, it differs from state to state
depending on the lawful share assets of the company. Likewise, fees charged
by specialists for company registration may vary from place to place.
With the expertise of these professional, the company incorporation can be
done with a blink of an eye.