Tax Fusion

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Partnership Firm is one of the most important forms of a business organization, where two or more people come together to form a business and divide the profits thereof in an agreed ratio. A Partnership is easy to form, and the compliance is minimal as compared to companies. Partnership registration is not compulsory and in at the discretion of the partners whether they want to register partnership firm or not. But a partnership firm cannot avail legal benefits if it is not registered, hence it is always advisable to register it.

Sole Proprietorship Firm Registration is Single Person Firm Registration i.e is the main objective is Open Current Bank Account on the Name of Business so it’s a simply firm which is enable doing business in India with Less Compliance and Less Costing. a Sole Proprietorship Firm require minimum 2 Legal Entity Proof for open a Current Bank Account.

One Person Company is a new and useful concept in India which is usually introduced by The Companies Act 2013. It is one of the best ways to start up a new company. It is a legal entity separate from its member, offering limited liability protection to its sole member. OPC is adequately a company that has only one shareholder as its member. How to form OPC’s (One Person Companies) A single individual can make an OPC by subscribing his name to the memorandum of association and fulfilling other requirements lay down in The Companies Act, 2013. Such a kind of memorandum just states the details of the nominee who shall become the company’s single-member. If in case of an original person dies or incapable to involve in all these contractual relations. Along with an application of registration, the memorandum and the nominee consent to his nomination should be filled to the registrar of the companies. They can get back their names at any point in time by submission of requisite applications to the registrar. The nomination of that person can also later be removed by the member.

LLP (Limited Liability Partnership) is an act which is firstly introduced in India under the Act of 2018, the main purpose to establish this Act is to offer a form of business entity that is simply maintained while LLP provided to the owners. In a common business Partnership, you don’t need any documentation to establish your Partnership. A common Partnership is one in which all the persons can manage and control all the business and you can also take any kind of legal and official decision. If any of the partners are liable to pay his debts and loss, then along with that person other people have also pay the debts. On the other hand, In LLP, there is required a Partnership Agreement. In this, some required information about the partners and business must be filled. A limited member is one in which he or she is not responsible to pay all the other personal debts. But they can lose their investment in the business. They have no authority to run all the business lonely. These members have a general partner which has the authority to run the business or take the legal or major decisions. The agreement specifies all the roles and responsibilities of that general person along with the liable person. In this agreement, each partner has a right that he or she can leave anytime from the partnership and the new person can be added to this partnership anytime.

Private Limited Company registration is the most popular legal structure option for businesses in India. A private limited company can have a minimum of two members and a maximum of fifty members. The directors of a private limited company have limited liability to creditors. In a case of default, banks/creditors can only sell company’s assets but not personal assets of directors. If you want to start a company in India then make sure your company is registered as Company Registration should be your first priority. It is very important to register your company as a registered company have multiple advantages from easy to register to easy to dissolve. Start-ups and growing companies prefer private limited company as it allows outside funding to be raised easily, limits the liabilities of its shareholders and enables them to offer employee stock options to pull in top talent.

The Public limited company is the company which is incorporated or registered under the Companies Act, 2013. It is different from the Private Limited Company, and therefore its compliance also changes. The shares of a Public limited company is issued to the public. These shares are then freely traded. Public Limited Company is also called as publicly held company. It can be listed on stock exchange, but for Private Limited Company it should first get converted in to a Public limited Company, only then it can be listed on stock exchange. In Public limited company, there should be a minimum paid up capital of Rupees 5 Lakhs, minimum 3 Directors and a minimum number of shareholder should be 7. Compliance for the Public Limited Company is also more as compared to other company. Features: There are many of the characteristics of the Public Limited Company like; Directors: According to the Companies Act, 2013, to start up a Public Limited Company you must require a minimum of 3 Directors and there can be an increase in a number of Directors in the future. Limited Liability: The liability of each shareholder is limited. In simple words, a shareholder of a Public Limited Company isn’t personally responsible for any loss of the company for any amount greater than the amount invested by them. Paid Up Capital: A Public Limited Company is required to have a minimum paid-up capital of Rs. 5 lakh or such higher amount as prescribed under the act. Prospectus: A Prospectus is a legal document which is drafted by Public Limited Company that includes securities for sale, investment shares and many more. This is made for the Public especially. Name: This requirement comes under the Companies Act, 2013 which is a must for all the public companies to add the word “limited” after their name.

A Digital Signature Certificate (DSC) is a secure digital key that certifies the identity of the holder, issued by a Certifying Authority (CA). It typically contains your identity (name, email, country, APNIC account name and your public key). Digital Certificates use Public key Infrastructure meaning data that has been digitally signed or encrypted by a private key can only be decrypted by its corresponding public key. A digital certificate is an electronic “credit card’’ that establishes your credentials when doing business or other transactions on the Web. Documents Required For Digital Signature (DSC) Passport size photograph PAN card copy Copy of Aadhaar Card/ Voter Identity Card Why Digital Signature (DSC) Validity-Digital Signatures usually comes with validity of one or two years and they can be easily renewed once validity expires E-token-Digital signature certificate are stored in a secure USB Flash Drive called E-Token. Quick Processing-One can get DSC in very quick time of 1-3 days from date of submitting the application along with required documents. Class II Digital Signatures-It is used for company, LLP registrations, IT Return E-filing etc. Class III Digital Signatures-It is used mainly for E-Tendering and Participation in E-Auctions.

Previously known SSI registered entities are now known and registered as MSME, i.e.; Micro, Small and Medium Enterprises. MSME stands for Micro, Small and Medium enterprises, categorized based on the annual revenue in business. These entities possess MSME registration certificate, registered with MSME Department of the Central Government under MSME Development Act, 2006. The Act was enacted for the promotion and growth of the businesses operating at small or medium scale. Where all major activities were eligible for registration under MSME earlier, trading and other few activities are now specifically excluded from eligibility. Although the registration is voluntary, businesses prefer to obtain MSME registration online due to numerous benefits declared by the government.

Considering the recent trends in the business sector, a gradual shift of businesses is observed from the local market to the international market. To spread reach and conquer the international market, the import and export activities are undertaken which further requires the Import Export Code. Import Export Code is a 10 digit unique code allotted to the business entities that allow imports and exports. The code is allotted by the Directorate General of Foreign Trade (DGFT) to the applicants. Register for IEC code online comes with one-time registration and lifetime validity. The process for import export code registration has become simpler with online IEC application supported by a few documents.

FSSAI registration is a mandatory compliance used to ensure the safety of food products and it is essentially a food safety certificate issued by the food authority in India. This governing body, also known as Food Safety and Standards Authority of India (FSSAI) marks businesses compliant with the regulations of the Food Safety and Standards Act, 2006. FSSAI license is mandatory before starting any food business. All the manufacturers, traders, restaurants who are involved in food business must obtain a 14-digit registration or a license number which must be printed on food packages. This step is taken by government’s food licensing & registration system to ensure that food products undergo certain quality checks, thereby reducing the instances of adulteration, substandard products and improve accountability of manufacturers by issuing food service license.

Trade License is a certificate/document which grants the permission to carry on a particular trade or business for which it is issued. It does not confer ownership of property or permission for any other activity other than for which it is issued. The License Department is the authorized department by the municipal corporations which issues licenses in consultation with other specialized consultative departments like Fire Brigade, Health, Engineering, Estate and others of same type. In perspective of this, it is important for any business establishments to take fundamental licenses from the License Department before starting manufacturing, exchange or storage of any activity/commodity. The application must be received from the business establishment, 3 months before the commencement of activity. Trade License is valid for the financial year only, at the end of 31st March, this license will automatically be expired and need to be renewed.

Professional Tax is the tax levied by the various State Governments of India on salaried individuals working in government or non-government entities, or in practice of any profession, such as CAs, Lawyers, Doctors, etc. or carry out some form of business, are required to pay this professional tax. Professional tax is imposed at the state level in India. Different states have different rates and methods of collection. It is not imposed in all states. The states which impose professional tax are Andhra Pradesh, Assam, Chhattisgarh, Gujarat, Karnataka, Kerala, Maharashtra, Madhya Pradesh, Meghalaya, Odisha, Sikkim, Tamil Nadu, Telangana, Tripura, and West Bengal. Professional Tax is deducted from the salary of the salaried employees by the employers and same is deposited with the State Government.

To start the Pharma business, a drug license is required. The central drugs standard control organization and state drugs standard control organization issue the drug license in India. The provisions for this has been made in Drugs & Cosmetics Act, 1940 which is applicable to whole of India. It is an Act to consolidate all the laws relating to drugs & cosmetics, which established the Drugs Control Department. In 1964, the Act was amended to include Ayurvedic & Unani drugs. However a particular business entity may require different types of drug license based on their business. Normally, the drug control organization issues two types DL one is Retail drug license which is issued to a person who runs a chemist shop and another one is a Wholesale drug license which is issued to a person who wants to sell drugs on a wholesale level. In case a business is operating in more than two states, it has to obtain drug license in every state in which business is being carried on. Drug license is location specific. If drugs are sold or stocked for sale at more than one place, application shall be made, and license shall be issued, in respect of each such place except migrant vendors. Once the license is granted to the business, all such License must ensure that all the condition in the drug license are compiled at all the time during the course of the business. All the records /registers /Forms must be maintained in the manner specified by the licensing authorities and authorities shall be kept informed for all the changes or modification in the business activities.

EPF (Employee Provident Fund) Registration is a process to give social benefits to employees. It is very best scheme for the employees which comes under Employees Provident Funds and Miscellaneous Provisions Act, 1952 which is regulated by the organization of Employees Provident Fund. According to the act, if the strength of the company is more than 20 employees then it’s mandatory for the establishment to obtain EIN No. If the employee strength of the company less than 20 then the company can apply for EIN. Any company can get the EPF registration certificate within 30 days from the date of the employment of 20 employees. Employee State Insurance Corporation or ESIC is a self-financing social security and health insurance scheme which provides medical benefit, sickness benefit, maternity benefit, disablement benefit and various other benefits such as funeral expenses, free supply of physical aids etc. to the employees and their family. Units or Establishments that have 10 or more employees, drawing the wages of up to Rs.15, 000 a month are required to be registered for ESIC under the ESI Act 1948. The benefits provided by the scheme are funded from the contributions raised from covered employees and their employers at the fixed percentage of wages. At present, covered employees contribute 1.75% of the wages to the ESIC and covered employers contribute 4.75% of the wages, payable to their employees. The state government also contribute 1/8th share cost of medical benefit. All Establishments and Factories employing more than 10 employees are required to mandatorily apply for ESI registration within 15 days of the ESI Act, 1948 becoming applicable to them.

Permanent Account Number (PAN) allows the government to keep a record of all kind of Official Financial Transactions that may be difficult from accessing an Individual or Companies Tax Liability. PAN is a 10 digit alpha-number character, issued in the form of laminated card. Once a Pan Card is issued, no continued compliance filings are necessary and it is valid for lifetime of the entity. Tax Deduction & Collection Account Number (TAN) is a 10 Digit Alphanumeric Number abbreviation used for Tax Deduction and Collection Account Number. Under the Income Tax Act, a payer is required to deduct tax at appropriate rates, from payments of specific nature (like salary, payments to contractor or sub-contractors, professional charges, payment of rent, etc) and deposit the same with Central Government- quoting the TAN number. Individuals who are salaried are not required to obtain TAN or deduct tax at source.

Nidhi Company is a Company registered under the Companies Act, 2013 which has a sole objective of cultivating the habbit of thrift and saving amongst its members. Nidhi companies are allowed to take deposit from its members and lend to its members only. Therefore, the funds contributed for a Nidhi company are only from its members (shareholders) and used only by the shareholders of the Nidhi Company. Nidhi Company is a class of NBFCs and RBI is empowered to issue directions to them in matters relating to their deposit acceptance activities. However, in recognition of the fact that these Nidhis deal with their shareholder-members only, RBI has exempted the notified Nidhis from the core provisions of the RBI Act and other directions applicable to NBFCs. Therefore, Nidhi Company is an ideal entity to take deposit from and lend to a specific group of people.

A producer company is basically a company registered to deal with the primary production of its active member related to farming. The main objective includes production to its selling and exporting also. For the purpose of incorporation of producer company, Part IXA of Companies Act, 1956 is applicable until any special Act is enacted for such companies. A producer company is registered with ten or more member being producers; or any two or more producer institutions; or its combination. Alike any other company, the liability of its members is limited to the extent of unpaid share capital by its members. The producer company is deemed to be a private limited company under this Act, however, the threshold of the number of members does not apply to same.

Popularly known as Section 8company is a company registered with charitable objects such as the promotion of Arts, commerce, science, education, sports, protection of the environment, religion, charity, etc. By promoting it as a not-for-profit organization, the Act does not bar the company from profit creation but rather prohibits distributing profit among members. This says that all the income or profit from any activity of the company must be utilized towards charitable purpose for which it is registered. The charitable company is registered under Section 8 of the Companies Act, 2013, which provides it special status due to its objects. Compared to other types of companies, Section 8company enjoys various exemptions and relaxations.

NGOs or the Non-governmental organization’s are usually non-profit. Sometimes these are often funded by the government. Some international organizations are independent upon the government and international governmental organizations (as funded by them). However, these are active in humanitarian, human rights, educational, health care, public policy, social, environmental, and other areas to effect changes according to their objectives. There are Documents required for section 8 which is also called a Non-Governmental Organisation without them the respective government will not be able to give commencement for the registration any company. NGO can be registered as a legal entity in various ways: Trusts Societies Non-Profit Companies/Section 8 Company

A trust is a convenient method whereby a limited number of persons may hold property on behalf of other persons, who may be a large or fluctuating body or who may include persons not yet born. Once the property has been vested in the trustees, they own the property, but they are compelled by law to exercise their ownership for the benefits of the beneficiaries and for them only. It means that legal ownership vests in the trustee or trustees but beneficiaries have de facto ownership. Minimum of seven people is required to form a society. And these societies are governed by the ‘Societies Act, 1860’. The rules and regulations for these may slightly differ from State to State.

The Goods and Service Tax is the biggest indirect tax reform which amalgamates all the other taxes into one single tax structure. Under GST Regime, the goods and services are now taxed under a single law being Goods and Service Tax Laws. The taxes are levied at a single rate. The collection is then bifurcated between both Central and State Government in name of CGST and SGST or IGST.The registration under GST is mandatory for the business entities based on the criteria of turnover or activities. The GST registration in India is completely an online process. GST Registration affirms seamless flow of Input Tax Credit in addition to providing recognition as a registered supplier. Owing to its benefits, many dealers also obtain the voluntary registration under GST. Who should apply for GST registration? Those who are registered under the Pre-GST Law (i.e Excise, VAT, Service Tax etc.) Those businesses whose turnover is above the threshold limit of Rs. 40 lakhs(Rs. 20 lakhs for the North- Eastern States, J&K, Himachal Pradesh, and Uttarakhand) For the casual taxable person/ Non-resident taxable person. Those who are the agents of the supplier and Input service distributor. Individuals who are paying tax under the reverse charge mechanism. Those who supply via e-commerce aggregator. Those who are supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered taxable person. All E-commerce aggregator.

Goods and Service Tax law now governs the major portion of the indirect tax system in India. The suppliers registered under this regime need to fulfill the compliance requirement regularly. Based on the turnover and the activities, the requirements and period of filing returns are prescribed under law. With online GST return filing, the taxpayers intimate the Goods and Service Tax Network (GSTN) about the inflow and outflow of supplies including the amount of tax paid and collected. While recording the taxable transactions with Government, the taxpayer is also required to pay the amount of tax collected from an outward supplier of goods or services after the deduction of Input Tax Credit (ITC).

A person who is liable to deduct tax at source has to file the TDS return as part of compliance. A TDS return is submitted by Tax Deductor in respect of every quarter with the Income Tax Department. The return is a statement that entails the details of the tax collected, source of collection and tax paid to Government for the reporting period. Generally, tax is deducted on transactions such as Salaries, payment to professionals and contractual basis, payment of rents exceeding certain amount, etc. For every such type of transaction and payment, there is prescribed rate of interest. The deductee can claim the benefit of the tax deducted while ITR filing, only if the deductor has filed the TDS return on time.

There is no issue if Income Tax Notices are sent by the Income Tax Department. It can usually send for various reasons like not filing Income Tax Notice, there is no reason to be frightened. However, the Taxpayer concentrates on the nature of the notice, the requestor order in the notice and take steps accordingly. Reasons Behind to Got a Notice There are many reasons behind to receive a notice from the Income Tax Department like; Forget to file Return Return not furnish on time Tax Credit Mismatch Non-Disclosure of Income Non- Disclosure of Assets High-Value Transactions Investment in the name of Spouse or parents Wrong Information in Return Fake Deductions

Limited Liability Partnership are those firms which are registered under the Indian LLP Act, 2008 and the LLP Rules, 2009 as all other Companies, LLPs are also mandatorily required to make some annual and periodic compliance with MCA, Income Tax Department, and other concerned Regulatory Bodies and Authorities whether the LLP’s Partners doing business or not.LLP’s really enjoys the separate status. Filing annual compliance is mandatory for any LLP, whether having a business or not. Annual Compliance for LLP requires filing two separate forms from which the first one is for annual return and another one is for the statement of Accounting and Insolvency. Requirement for LLP Compliance It must that LLP’s follow their Financial Year from 1st April to 31st March. The LLP annual compliance has to be met by each and every registered LLP even if there is no business activity. In fact, it has to be met even if the LLP has been closed down and whether or not a business bank account exists. LLP annual compliance has to be met on a mandatory basis, irrespective of these conditions.

ROC stands for Registrar of Companies which is an office under the Indian Ministry of corporate affairs that deal with the administration of the Companies Act, 2013. ROC has been appointed under section 609 of the companies act covering the various States and Union Territories are vested with the primary duty of registering companies and LLPs floating in the respective states and the Union Territories and ensuring that such companies and LLPs comply with statutory requirements under the act. The office of ROC functions as registry records, related to the companies registered with them, which are available for inspection by members of public on payment of the prescribed fee. Moreover, there are currently 22 Registrars of companies (ROC) operating from offices in all major states of India. Besides, the central government exercises administrative control over these offices through the respective Regional Directors. It is important to comply with all compliances applicable to your company to avoid penalties and fines.

Filing DIR-3 KYC is a part of annual KYC conducted by Ministry of Corporate Affairs. MCA has announced mandatory annual KYC for all DIN holder w.e.f. 10th July 2018 by inserting Rule 12A to Companies (Appointment and Qualifications of Directors) Rules, 2014. This compliance is applicable to every individual holding DIN with ‘Approved’ status and also to those who are disqualified. This being annual requirement, every DIN holder has to fulfill the compliance with respect to every financial year. The common due date for filing is 30th April of immediate next financial year. The last date (i.e. 15th September, 2018) for filing the form for a person holding DIN on or before 31st March, 2018 has been passed. Therefore, DIN of the person who has failed to file the form will be deactivated. To reactivate the DIN, the concerned person has to file the KYC with fee of INR 5, 000 to Government. However, considering the technical difficulties faced to comply with KYC requirements, the ministry has allowed DIR-3 KYC filing at a reduced fee of Rs 500 for 15 days starting from 21st September 2018 and October 6th 2018 onwards, fee of Rs 5, 000 will apply to reactivate DIN.

A private limited company is an artificial judicial person and requires various compliances like appointment of Auditor, regular filing of income tax return, annual return filing and more. Failing to maintain compliance for a Company could result in fines and/or disqualification of the Directors from incorporating another Company. Therefore, if a private limited company has become inactive and there are no transactions in the company, then it is best to wind up the Company. Voluntary winding up of a company can be initiated at anytime by the shareholders of the company. In case there are any secured or unsecured creditors or employees on-roll, the outstanding dues must be settled. Once all the dues are settled, the bank accounts of the company must be closed. Finally, the company must regularise any overdue compliance like income tax return or annual filing and surrender the GST registration. Once, all activities are stopped and the registrations are surrendered, the winding up application petition can be filed with the Ministry of Corporate Affairs. India Filings can help you wind up your Company, quickly and easily. India Filings can help you initiate the winding up process within 10 to 14 business days. The entire process for winding up of a company can be completed within 3 to 6 months, subject to government processing times. The timeline for winding up of a company could also differ from case to case, based on unique circumstances. To discuss more about winding up a company, get in touch with an India Filings Advisor.

A LLP winding up can be initiated voluntarily or by striking off or by a Tribunal. If a LLP is to initiate winding up voluntarily, then the LLP must pass a resolution to wind up the LLP with approval of at least three-fourths of the total number of Partners. If the LLP has lender's, secured or unsecured, then the approval of the lenders would also be required for winding up of the LLP. To begin the process for winding up of LLP, a resolution for winding up of LLP must be passed and filed with the Registrar within 30 days of passing of the resolution. On the date of passing of resolution of winding up of LLP, the voluntary winding up shall be deemed to commence. India Filings can help you wind up your LLP quickly and easily.

Regular tracking of business transactions is very necessary. From an income of one rupee to an expense of thousand rupees, recording ensures transparent business operations by tallied account. The accounting and bookkeeping services can help in tracking every single transaction undertaken in past from learned decision of future. The part of recording the financial affairs of the business is called bookkeeping, whereas accounting is the preparation of financial accounts. Accounting for Small business is mandatory unless it is a Sole proprietorship with certain exceptions. Apart from compulsion, it is better to keep accounts updated with accuracy to avoid financial muddles. Expertise knowledge of accounting is essential even in the case of accounting for small businesses, to ensure the books are maintained as per the accounting standards. Maintenance of accounts is as an essential requirement for a home run business as it is to an industrialist.

Every Company incorporated in India is required to maintain statutory registers and records. These records can be maintained online, electronically. The statutory register and records shall be kept at the registered office of the company. Directors, Members of the company and any other person can inspect certain registers and records of the company. Non-Maintenance of the mandatory registers and statutory records attract various penalties on the company, the Directors and every other officer in default. The statutory records of the company must be kept up to date and where if any changes take place within the company, necessary adjustments must be made.

The registered office is an official address where a company is incorporated or registered. All the official communications made to the company are addressed to the registered office which is also displayed in the master data of the company. In case of any change in address, it must be updated with MCA, although the office is changed within the same city. Companies Act prescribes a specified process to be followed to change the address. The process of registered office change depends on where the office is shifted to i.e. within the city, within the jurisdiction of RoC or to other State. In all cases, consent from shareholders and the approval from concerned RoC is compulsory. Reasons to have Register for an Office There are many reasons to have Registered for a place of the company: For receiving documents, official letters and reminders by the Ministry of Corporate Affairs and other authorities. Forgoing on the activities of the business. For maintenance of books of accounts. For determining the domicile of a company.

The name of a company or LLP can be changed by the promoters at anytime after incorporation. Some of the major reasons for change of company name are business model change, change of promoters, rebranding, etc., To change the name of a company, shareholders approval is required along with approval from the Ministry of Corporate Affairs. The change of name of a company or LLP however has no impact on the legal entity or its existence. Hence, all assets and liabilities of the entity would continue, while only the name of the company would have been changed. Change of company name requires passing of a board resolution, obtaining name approval from MCA, passing of a special resolution and applying for approval of new company name to the MCA. If the MCA accepts the application, a new certificate of incorporation is issued. After obtaining the new certificate of incorporation, changes must be made to incorporate and change the MOA and AOA of the company as well.

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc., Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.

Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application. If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Check Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration. Hence, in cases wherein the Trade Mark Registrar marks the application as Formalities Check Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.

Trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant. There are mainly two reasons behind the owner of the Trademark will oppose like; The person thinks that the accepted application of the Trademark is too similar to their own. Buy a Registered Trademark and another party is attempting to remove their Trademark.

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell. But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.

Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and provide registration under the Trade Mark Act. On registration of a trademark, the R symbol can be used along with the trademark and the registration is valid for a period of 10 years. During registration, in case of infringement of trademark, a suit can be filed to prevent misuse of the mark. Trademark renewal must be filed before expiry of the mark. The trademark renewal application form must be prepared and filed before deadline to enjoy seamless protection of the trademark without any chances of litigation.

Prior to applying for a trademark, we can help you do a trademark search. Under the Trade Marks Act, identical or similar trademarks cannot be registered. It is easy to determine identical trademark from a trademark search. However, the test for similarity is applied by a Trademark Examiner on a case to case basis.

Logos are distinct and memorable designs that are used to represent a business or enterprise. Logo designing is the process of designing a logo and is among the first tasks undertaken while starting a new venture. Hence, logos are the face of any brand - the very first impression and when executed correctly, serves a very powerful asset to the business. Further, in today's digital words, businesses have to compete for attention and credibility - far beyond the traditional confines of a business card, brochure and website. Today's businesses must address its customers through multiple touch points like sign boards, videos, mobile apps, ecommerce platforms, packaging and a myriad of social media pages like Facebook, Twitter, Google+, LinkedIn and YouTube. Hence, its important to take time and design a logo that represent the company while starting a new venture. Some of the important points to consider while designing a logo are the target audience, culture of the company, company's color scheme, font choice, business name and tag line. Logo's need not incorporate the business name or tag line. However, in case the logo must be registered as a Trademark, then it must incorporate the business name and its products like Trademark.

Copyright is a form of intellectual property protection like trademark and patents. A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright give the owner of the work certain safeguard to ensure the intellectual work is protected and creativity is rewarded. Copyright includes a bundle of right like the rights of reproduction, communication to the public, adaptation and translation of the work. In India, Copyrights are registered under The Copyright Act, 1957. The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

One of the most important legal document while applying for patent registration is provisional specification or complete specification. To increase the chances of obtaining patent registration, a provision specification can be filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. Hence, provisional specification are akin to draft specification filed mainly to secure a priority date for the application over any other application which could be filed in respect of the same invention being developed by a competitor. A provision specification must contain the title and description of the invention. The description should start from the second page, starting with the field of invention and containing the background of the invention, object of the invention and statement of the invention. In provisional specification, claims are not included. Claims are normally included only in the complete specification. The average time taken to file a provisional patent application is about 15-20 working days, subject to government processing time and client document submission.

A patent registration helps you to get a patent of an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972. Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.

Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article. Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act. When the design is registered, copyright is conferred upon the registered design for a period of 10 years.

An Offer Letter or an Employment Offer Letter is a formal job offer letter containing all the terms and conditions of employment usually provided in writing to a candidate who has been selected to work with a Business. The job offer letter describes briefly information about the position offered, location of the job, starting date, salary and other information pertaining to the job offered. It is customary for a candidate accepting the job offer to sign a copy of the letter and return the same to the employer within the time prescribed in the job offer letter. How to use a offer letter? We provide an easy-to-use format which can be used to draft an Offer Letter by the employer. The letter is usually drafted on a company letter head and is signed and authorised by the employer. The letter contains information such as the job position being offered, job location, starting date and other information pertaining to the job. An offer letter has to be accepted by the candidate by signing on a copy of that letter and returning the copy to the employer.

An Appointment letter is a letter given by the company to person to officially appoint him in the company as an employee. It comes after the person has accepted the job offer and now he is being appointed as an employee. Such letter is generally provide on the first day of the joining of the employee. It provides information about the position offered, salary along with benefits, various company policies and other information about the employment. The copy of letter has to be signed by the employee and return the same to the employer. When Appointment Letter is Provided? This appointment letter format can be used by a HR Manager of the Company or Manager of a Company offering a job to a prospective hire. This appointment letter puts formally and in writing all else that was still left unsaid at the time of employment, fills in the blanks and connects the dots about any questions or details the employee may still have had and gives him a feel about the daily work and day to day responsibilities expected of him. Appointment letters are provided on the day of joining of the employee, printed on the letter head of the business. One copy of the mutually signed appointment letter is retained by the Employer, while another signed document is retained by the Employee. How to Create an Appointment Letter? Appointment letters are printed on letterhead of the employer and signed by the Management or HR Manager authorized to hire the candidate. In case the candidate accepts the position, the candidate must sign a copy of the letter and return it to the employer to indicate acceptance of employment, after which a contractual obligation to be fulfilled by both parties has come into existence and become binding.

A Resignation letter is a letter given by an employee to a company when the employee wants to resign from his current position in the company and stop working in the company. This letter consists of request of date to be relieved, reasons for resignation and time of serving the notice period. The resignation letter is only valid after it has been accepted by the employer. How to Submit Resignation Letter This resignation letter format and generator can be used by an employee to quickly and easily generate a resignation letter citing various reasons. Once, the resignation letter is generated, it can be printed on a plain paper, signed and delivered to the employer. Resignation letters can also be sent via email to the concerned HR Manager. It is a good practice to provide the employer with sufficient notice period while preparing a resignation letter. How to Create Resignation Letter This resignation letter can be printed on a plain white paper, signed and delivered to the employer. A resignation letter is usually handed to human resource department or the supervisor. One copy of the document is retained by the employee and another is issued to the employer. On receiving a resignation letter, its a good practice to request the person receiving the document to acknowledge receipt of the document by signing on the document. If a resignation letter is provided through email, then a request confirming receipt of request can be requested from the recipient. Points to Remember A resignation letter is in most cases only a request to relieve you off duty, as per the employment contract or appointment letter. It is upto the Employer to accept / reject / make counter offer on receipt of a resignation letter, subject to the terms of employment contract. Most employers on accepting a resignation letter indicate a last date of employment.

An Employment contract or Contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "Employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. How to use a Employment Contract? We are giving a format for employment contract which can be used by the employer. The contract should include all clauses, agreements and terms which are discussed during the employment. It should ideally be drafted on the letter head of the company and signed by the authorized employer.

The ownership of a company limited by shares is held by the shareholders of the Company. The shareholders in turn appoint Directors to manage the affairs of the Company. Hence, ownership of a company rests with the shareholders and not the Directors. Transfer of ownership of a company can therefore be accomplished by transferring shares of the company from one person or entity to another. Share transfer in a private limited company is usually more restricted when compared to a listed company that is publicly traded. The entire shares of a private limited company are usually owned by a family or a small group of persons or entities. Hence, most of the Articles of Association of a Private Limited Company limit the right of a shareholder to transfer the company's shares to an outsider. Therefore, it is important to review the Articles of Association of the Company prior to effecting a share transfer.

Memorandum of Association of a Company sets down the constitution of a company including the permitted range of activities of the company, state of incorporation, type of company, capital clause, liability clause and more. Changes to Memorandum of Association of a company can be required while changing name of a company, changing registered office from state to state. alteration of objects clause, alteration of capital clause or increase of authorised capital. Changes to the Memorandum of Association of a company would require the passing of a special resolution and shareholders consent. Clauses in the Memorandum of Association (MOA) There are many of the clauses in the memorandum of association like; Name Clause Object Clause State Clause Liability Clause Capital Clause