Company limited by guarantee Company limited by guarantee indicates a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of it being wound-up.

Rules and regulations framed under the Security Exchange Board of India, 1992, (SEBI Act).

This practice is linked to the principle of exhaustion of rights encompassed under the Indian Trademarks Act of 1999 and which is derived from Article 6 of TRIPs.

Evolution of Trademark Law The origin of the Indian Trade Marks Act dates back to UK’s Trademarks Act of 1875.

Many businesses in India, which run offline or are locally based, work without any sole proprietorship registration.

It is required for all types of sellers- online as well as offline in India for any individual or entity selling goods or services.

Advantages of a Private Limited Company Most companies in India are incorporated as private limited companies: 1.

Filing of LLP Agreement The Agreement governs the rights and duties of partners and the LLP itself.

Any number of NRIs or foreign national can become members in an LLP provided at least one partner must be India citizen and Indian resident.

Emblems and Names (Prevention of Improper Use) Act, 1950 No one can use the marks or names which are listed below without the prior approval of the Central government or State government in any trade, business or in the title or any patent, trademark or design.

With over a lakh companies being registered every year in India, it is tough to receive approval from MCA for a particular business that utilises a common word, as the chances of the existence of another company with a similar or identical name are quite high.

Deemed approval within three days Within a PAN, separate registration for separate business verticals within a State possible Eligibility Criteria for Registration under GST People who are registered under existing taxes to be subsumed under GST People who have an All-India Gross Turnover above a certain threshold People making interstate supplies Casual and non-resident suppliers Registration for people who are below a certain threshold can volunteer to register.

Additional Taxes As defined by the government. 4.

Key and salient features of GST bill The GST changed the entire tax system in India.

In short, GST would ensure that doing business in India is tax neutral irrespective of the place of doing business.

Reasons behind the Tribunal winding up a company A Private Limited Company can be wound up by a Tribunal under the following circumstances: The company is not able to pay its debts The concerned company has by special resolution decided to be wound up by a Tribunal The concerned company has acted against the laws of integrity and sovereignty of India, decency, public order and morality.

Thus, the classification of ‘Small Company’ in the Companies Act, 2013, goes a long way in the promotion of small businesses in India.

After GST implementation in India on 1st July 2017, all the current taxpayers belonging to Central Excise, Service Tax, Sales Tax of State etc, will have to register themselves to the GST portal operated by the GSTN for migrating themselves to GST tax system.

NOTE: CGST gets deposited with the central government whereas SGST gets deposited with state government.

In this particular article, we will brief the process of registering as a dormant company in India and its benefits.

As per the Companies Act, the Meeting of the Board of Directors of a particular Company is a crucial aspect of every limited or private limited company in the country of India.

All the preference shares which have been issued by a company in India are redeemable and should be redeemed within 20 years of its issuance.

As per the Companies Act, 2013, and the mandatory regulations of Reserve Bank of India, there are some limitations in the acceptance of deposits in a Private Limited Company.

Doctrine of Trademark Dilution in India In the early 1990’s, trademark dilution had been recognised by Indian courts.

There is one more probability that you can take legal action against a cybersquatter Taking Action against cybersquatting in India Unlike other countries, India has as of now no specific laws against cybersquatting, but victims do have several means to fight cybersquatters like: An organization that works against squatting is World Intellectual Property Organization (WIPO) and has provided a right to trademark holder to attempt claim to a squatted site.

As India renovates into Digital India, the stakes for protecting one’s business are higher than ever.

This article briefs on the various aspects of the filing of annual return of company in India.

Those companies are accorded as defaulter companies in India which do not file annual return or balance sheet for a few years consecutively.

Along with the above, it is to be ensured that there is proper Corporate Governance and Proper Compliance of various provisions of Companies Act, the following can be implemented in case these are not followed: There would be non-acceptance of e-filing by the ROC from the directors of the defaulting companies for any other company The auditors and the company secretaries of the defaulting companies are disallowed to certify or sign the filing with MCA-21 system, till the defect is solved by following the proper norms.

While the Companies Act, 1956 warranted that Central Government approved related party transaction conducted by companies under large cap category as per the Companies Act, 2013.

The Indian Government has shown its initiative to make business easier in India by introducing some effective measures in the Startup India Action Plan 2016.

According to the Indian law of trademark, a good trademark should have the following qualities: It ought to be anything but difficult to profess and recall in the event that it is word stamp In the event of a gadget stamp - ought to be fit for being portrayed by a solitary word.

According to Section 29 in ‘The Trademarks Act’ (1999), the Government of India lists the attributes that amount to Trademark infringement The tenacity of the mark The depth and the inner meaning of a trademark logo illustrates the strength of the mark.

Here is a brief on some of the major features of a Private Limited Company incorporated in India. 1.

The numerous common suffixes including: .org - Nonprofits .gov - Government agencies .edu - Educational institutions .biz - Businesses .net - Network related entities Domain names unfit for trademark registration There are certain restrictions while registering a domain name as a trademar. any domain name that does not represent any goods or services  if the domain name is just an address for a website stands unfit for being registered as a trademark standard domain names or terms used in a broader sense also lie unfit for registration as trademarks.

Eligibility to hold Sweat Permanent employee of the Company who has been working in India or outside India, for at least last 1 year Director of Company-Whole time director or not An employee or a director as defined in sub-clauses (a) or (b) above of a subsidiary (in India or outside India) or of a holding Company 2.

Apex body allotting DIN in India The Central Government (Office of Regional Director (Northern Region), Ministry of Corporate Affairs, NOIDA) is the apex body which has the power to allot the DIN.

In India, a trademark stands fit for removal from the register of trademarks under two scenarios.

Well, it seems a new concept for a developing country like India, but is a common means of tax collection in the developed countries.

HDFC has diversified its business across 550 cities with 1416 branches in India.

As per (Share Capital and Debentures) Rules, 2014 there are certain restrictions on the issuance of sweat equity shares as follows:- A company other than a listed company, which is not required to comply with the Securities and Exchange Board of India Regulations (SEBI) on sweat equity, shall not issue sweat equity shares to its directors or employees at a discount or for consideration other than cash, for their providing knowhow or making available rights in the nature of intellectual property rights or value additions, by whatever name called, unless the issue is authorized by a special resolution passed by the company in general meeting.

When incorporating any business in India, it is important to structure it as per the company laws prevalent in that state.

A new amendment in the Companies Act, 1956 came into existence with the insertion of Part IX A. This inclusion was introduced in the form of Producer Companies.

All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the practicing chartered accountant or company secretary or cost accountant.

Having a DIN is mandatory now and in case of any changes, the DIN holder needs to inform the same to the Central Government.

Every company after its incorporation is legally required to register for an office address within 15 days where all the government notices, agendas and other legal documents and communications are being addressed.

Also Read: What is a DSC and DIN   In case of Public Limited Company, no restriction on the transferability of the shares is there but complete restriction on the transferability of the shares of a Private Company through its Articles of Association, whereas there is no restriction on the transferability of the shares of a Public company apart from having the limited liability feature enjoys several Public Limited Company is the biggest and the most powerful form of business in India.

The structure should be: Once you have decided on a name, do a Trademark Search to check if you are accidentally infringing any existing trademark To check the name availability with MCA, you can go to www.mca.gov.in so that you are sure that no other business is using that name that you are considering to use Name approval process is governed by Ministry of Corporate Affairs (MCA) as per the Company Name Availability Guidelines issued under Companies Act 2013 Company Address ‘Company Address’ is the address of the Registered Office of the proposed company which is used for all official communications.

There are certain other benefits of LLP which makes it a recommended form of business; It is a renowned form of business that is been worked out in India successfully.

There are certain steps associated with the incorporation of a Limited Liability Partnership for foreign nationals: The Structure: The firm needs to have a minimum of two partners and among the partners, it is must to have at least one of Indian origin i.e. both citizen and resident of India.