A company must assess its persistent intellectual property to ascertain whether it is in line with the business objectives or not.

A person can have only one DIN, no matter in how many companies or LLPs he or she holds the position as director.

It must be drafted at the time of incorporation and must include six clauses revealing the company name, registered company address, its limited liabilities, share capital, company objects, and association of the shareholders and other stakeholders with the company.

Why set up a Public Company?

To set up a Public Limited Company, one needs to: Choose a name Have a company address Appoint at least three directors Have at least seven shareholders Create an agreement containing details of all initial shareholders – known as Memorandum of Association Have the by- laws of the company - known as Article of Association Apply for DIN by filling DIR-3 File INC 29 to register the Public Limited Company with MCA Obtain Certificate of Incorporation from ROC File INC-22 for verification of Registered office address Choosing a Name The name of the company is its trade name or brand name along with its principal activities, and this company name is a registered name by which an incorporated company is identified.

According to theCompanies Act there are certain duties to be done by the Directors, these general management duties may include: Important decision making that will in a way benefit the company and its owners, and also consulting the creditors/shareholders before taking any decision.

LLP is flexible to manage as by the LLP Act 2008, all the freedom is given to it for managing its own affairs.

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.

There is a preferred format in which the MCA wants you to name the company; Unique Name + Descriptive Object + Limited. e.g.

FDI in Private Limited Company Non-resident entities are allowed FDI in Private Limited Company which is subject to the FDI Policy and sectoral caps.

The deed made should be on a stamp paper in agreement with the Indian stamp act and each partner should have a copy of the deed.

It is of 10 characters which are made up of numbers and digits; is distinctive for each card holder and made necessary for all Private limited Companies to acquire after registration with the Registrar of companies.

Under section 203A of the income Tax act, 1961 it is mandatory for all who deduct or collect tax at source to apply for allotment of TAN.

This documen is important since it contains basic conditions for the operation of a company.

The companies which should have their own AOA are: Private companies limited by shares Companies limited by guarantee Companies with unlimited liabilities of its members Points to be taken care of while drafting an AOA Companies who are required to have registered articles may or may not adopt all the regulations mentioned in table A of the first schedule of the act and those who fail to do the same the provisions of the table will be applicable to them.

Once a Company is incorporated, it will be active and in existence as long as the annual compliances are met with regularly.

Being in want for a prompt, economical and Volant dispute resolution procedure which is aided by the developing technology of the country and various economic liberalization policies, lead to the changes in the arbitration act which has been now brought into force with the hope of making India a preferred seat of arbitration because of the dampening of the old resolution system for the small and medium scale businesses who are in a fight with the large companies, business or firms.

The company registration process in India goes through a number of steps and only then the company is provided with a registration certificate after which the company can commence its business operation in India.

Registered Company Office Rent Agreement (Notarised: For rented property) Property (Director / Relative) - Registry Proof / House Tax Receipts (Notarised) Latest Electricity Bill NOC from the owner on the name of any director (Notarised) Related Articles Requirements for Private Limited Company Requirements for One Person Company Requirements for Nidhi Limited Company Requirements for Limited Liability Partnership

Registered Company Office Rent Agreement (Notarised: For rented property) Property (Director / Relative) - Registry Proof / House Tax Receipts (Notarised) Latest Electricity Bill NOC from the owner on the name of any director (Notarised) Related Articles Requirements for Private Limited Company Requirements for One Person Company Requirements for Public Limited Company Requirements for Limited Liability Partnership

Minimum requirements for the OPC are as follows; 1 Director 1 Member Minimum share of paid-up capital Rs. 1 Lakh DIN(Director Identification Number allotment) Digital Signature Certificate(DSC) Documents Required The ID Proof of the applicant & the nominee Address Proof of the applicant & the nominee Passport Size Photograph Current Occupation if any Contact details of the applicant Educational Qualification of the applicant Memorandum of Association(MOA) Article of Association(AOA) E-forms with RoC(Registrar of Companies) Copy of PAN Card of member and nominee Consent of nominee in Form No.

To set-up a Limited Liability Partnership you need to register with the Companies House, this process is known as incorporation.

To formulate a Private Limited Company, A Chartered Accountant, Company Secretary or a Lawyer is required to do the filings for the formation of Private Limited Company.

Distinct Legal Entity: The Private Limited Company has a distinct existence and a juristic person (not a natural person or human being) established under the Act.

No. of persons Involved: The second key factor for choosing the right type of company depends upon the number of persons involved in the initial stage of the startup. 3.

Before registering a company in India, the promoters should decide on the most flexible and viable business structure for them.

A Chit Fund Company runs Chit funds.

Let’s take a look at what section 72(companies’ act 2013) states.

  According to Companies Act 2013, the conditions set for issuing preference shares are as follows:- No company limited by shares shall, after the commencement of this act, issue any preference shares which are irredeemable.

The emblems and names (prevention of improper use act, 1950) prevents the inappropriate use of certain emblems and names for professional and commercial purposes.

DIN Number Registration Any person intending to register a Private Limited Company or Limited Company or One Person Company (OPC) in India needs to get a DIN number and becomes a part of Board of Directors.

This led to the creation of the company amendment bill 2016 which was a more refined version of the 2013 act.

What is Company Incorporation VPP scam?

(However, the Auditor can be excused by the Company to comply with this provision) Conditions and Eligibility Criteria for Appointment of Auditors A certificate needs to be submitted by the auditor appointed by the Members or by the Board stating that:- The auditor is eligible under the Companies Act, 2013 the chartered Accountants Act, 1949 and the rules and regulations made there under.

It is mandatory for every registered company to prepare and maintain proper book of accounts.

Section 9 and 11 of The Trade Marks Act, 1999 specifies the absolute and relative grounds for refusal of Trademark registration.

You looked at two trade marks and you feel that a regular person can be confused with the owners of this two trademarks, that it is more likely that he will think that they belong to one owner.

For such matter The Trade Marks Act, 1999 foresaw a special form of authorization of Agent – Form TM 48.

So, let’s have a look at what are the application corrections.

The procedure for providing evidence is written in The Trade Marks Act.

The trademark application is screened by the Trademarks Examiner on its compliance with the formal requirements, as well as substantive features and characteristics as mentioned under the Trademarks Act, 1999.

Apart from the basic test of being a trademark in terms of Section 2 of the Act, a shape mark has also to satisfy the following additional tests as laid down in Section 9: A mark shall not be registered as a trade mark if it consists exclusively of: The shape of goods which results from the nature of the goods themselves The shape of goods which is necessary to obtain a technical result The shape which gives substantial value to the goods.

Section 10 of the Act states that a trademark can be limited to a particular colour or combinations of colours.

With many such cases not pointing any one case, in particular, shows the intention of the patent troll companies i.e. to mint quick money from software companies and covering other avenues slowly using cease and desist.

The Trademark Act, 1999 provides for Classification of Goods and Services under Section 7 of the Act.

For example, if a company is selling laptops under the brand name of ‘Rell’, and only selling computer and software products using this trademark, which is covered under Class 9 of TM Classes.

It's a firm where the partners have limited liability to their contribution towards the LLP along with the benefits combined that of both company and partnership in one single form and the reason being, the deceitful format of the partnership firms.

A musical composition, a series of musical notes (with or without words) can get the protection under the Trademark Act.

Trademark rectification is a legal procedure through which a proprietor or a company can rectify a mistake or omission that might have been made while filing a trademark.

To avoid trademark infringement, the company needs to work on the following before carrying forward the process of trademark registration or usage in the market.