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April 6, 2019

How To Remove Disqualification Of Directors

Over last few years MCA or Ministry of Corporate Affairs has disqualified many of the Directors for not performing or meeting the compliance i.e. Rules or regulations mentioned under Companies Act, 2013. However, you can obtain you position back as the Director of the Company. MCA has also deactivated their Director Identification number, so to revive back their is one scheme which is introduced by the MCA i.e. “ Condonation of Delay Scheme”, that provides relief to the Directors by aiding them with the provisions to remove Director Disqualification.

Reasons for Director Disqualification

There are two reasons for Director Disqualification and they are as follows-

The Directors haven’t filed the annual return or Financial statements from last three consecutive years.
The Directors have not repaid the debts he has taken or has failed to do so from 1 year.

Once a Director is disqualified, then he won’t be able to become a Director of any company for at least 5 years, however, condonation of delay scheme can help.

What is Condonation of Delay Scheme

According to section 8 of the companies Act, Directors of the company must file annual returns or financial returns every year, and if they fail t do so from the last 3 continuous consecutive years, then they are declared as disqualified Directors. The condonation of delay scheme then became operational courtesy of the appeal of aggrieved Directors. Under this scheme the Directors are given Directors Identification Number (DIN) to file the deferred tax returns over the course of next few months, and after the scheme still they are not able to file the returns then they are declared as disqualified for the next 5 years.

How does scheme work?

When a Director is disqualified, they won’t be able to become Director of any company for the next 5 years. Therefore the company can appoint temporary Directors to execute the resolutions to file and submit the financial statements and annual returns. These Directions are given new DIN and DSC for the time being to file all the annual returns. Furthermore, thees new Directors who shall pass the resolution to pass the resolution to re-hire the disqualified ones and passing the request to the Registrar of companies.

Director disqualification removal process

Drafting a written application
Filing the Director disqualification matter with the High court.
The Advocates appear before the high court regarding Director disqualification.
Obtaining the final order from the High court.
Filing all the financial and annual compliances with the Registrar of companies.
Activation of DIN and removal of director disqualification.

What are the Documents required for Director disqualification?

There is one thing to remember that there is a way to remove Director disqualification

Without the condonation of delay scheme (CODS). However CODS to make the process quite streamlined.

With CODS, documents required are as follows-

Overdue Documents
E-Cods

Without CODS, documents required are as follows-

If company was active

An Application before the National Company Law Tribunal
The documents that are overdue
E-cods on MCA 21 portal.

If company was inactive

Petition to the High court

Overdue documents
E-cods on MCA 21 portal

BIATConsultant.com is #1 business , financial and legal consultant in India who can aids in in company formation in India as well as providing legal consultancy service for removal of disqualification if directors .

April 6, 2019

Importance of Design registration in India

The term Industrial designs, is known as the Design, the surface pattern, or the shape or pattern associated with the product or an article which is unique in nature. The main motive of the Design registration is to give protection to the product which are creatively designed and is also governed by the design Registration Act, 2000.

The Designs Acts 2000, has defined the term design under section 2(d), as only the features of shape, configuration, pattern, ornament or component of lines or colours applied to any articles whether in two dimensional or three dimensional or in both forms, by any Industrial process or means, whether manual mechanical or chemical. Separate or combined in the finished article for which can be judged by an eye, but does not include any mode of principal or construction or anything which is in substance ain a mere mechanical device.

Section 4 of the designs Act, 2000 provides that the Design of any article or product should be appealing to eye and should not be in public domain prior to its registration, otherwise it cannot be subject to registration. The Design of a any article or product should be new and should not b in prior use as it would destroy the design’s novelty. And Design should be in a tangible form.

The registration Designs in india confers on the Applicant the exclusive right against the unauthorized copying or limitation of his Designs by third parties. Registration of a Design provides for a distinctive identification among the consumers and helps the applicant in boosting their sales and and goodwill in the market. A Design Registration f=gives the applicant an exclusive right to take action among the infringer, and stop piracy of the design. Corree houses are increasingly becoming aware of the hidden value of Intellectual property. They have realized that registration of their product design will not only give them an edge over their competitors but that registration of a Design is relatively inexpensive and easy procedure.

Registration of a design offers to secure a filing date as the priority date, for any corresponding design applications, one may have in other countries within the following six months. This helps in establishing the Design Overseas. A Design registration increases the market awareness of a product and in turn enhances the reputation of the company in the market. This helps in improving in the competitiveness of the product as it dries third parties from imitating or copying a registered design.

Registration of design is becoming increasingly popular, as the indian courts are adjudicating in relation to Design protection and registration efficiently and in a time bound manner. It has been realized that clever application of design rights can extend a product’s value considerably in the market. With Design registration new avenues have opened up in a commercial market and investors are ready to invest in new innovation and technologies. The Design Act, 2000 have played a pivotal role in promoting technological innovation and Design registration has made the consumer aware of the various innovations in the market.

March 27, 2019

Essential facts of Copyright registration

Why bother to register Copyright

Copyright recognises exclusive right and original right of the original creator of the artististic work, literary work, musical or cinematographic work. All music, books etc. enjoys the exclusive right over their original creation, but the only reason for its copyright is that in the commercial world if anyone infringes anyone’s copyright or right, then this would be the only way to approach the court in case of any dispute.

What is the purpose of Copyright registrar?

Copyright registrar sees all the Copyright related issues, like primarily it serves as an office of record, a place where claims of copyright are registered, and documents related to copyright are recorded. The office furnishes information about the provisions of law and the procedure for making its registration, and all the findings which they find in oits public records.

What Copyright Protection do i get?

Whenever author of the original work fixes the work in a tangible form it automatically gets protection, but the same cannot be taken in court at the time of dispute. So for suing of any other party or any infringer its protection must be taken from the Copyright registry. And the same shall be applied for its protection within 5 years of creating the original work.

How would another party proves right to my work?

Another party will prove right over any other work by showing the prove that they are using the work prior to the claimer’s work, or by proving that you actually stole the work of him or by proving that you have taken permission from them to use.

What are performer’s right?

Performer’s right are given to an artist who actually produce anything into a material form. Like lectures or story shorthanded into a material form, or music can be recorded on tape. Any similarly anyone who reduces the work into a material form first are said to be the original creators of the work and they gets first protection over their work. The performer in this context includes an Actor, singer, Musician, dancer, acrobat, juggler, conjurer, a person delivering a lecture or any other person who delivers a performance.

Can i copyright a film or sound recording?

In case you want to copyright a film, video or sound recording, it is recommended that you must obtain NOC from all the people who are involved in its making. This will protect you from any kind of objections from them at a later stage. This has become imperative now after Supreme Court guidelines on sound recording and cinematography copyright registration.

This is how copyright Registration confers upon its owner sole rights to copy or reproduce the work, or grant permission to other person to do so. Copyright is usually owned by t5he creator of the work, but may also be owned by its employer of its creator, or the person who has commissioned the work ( unless there is an agreement to the contrary in either case) copyrights are also transferrable.

March 25, 2019

How To Register For Trademark in USA From India

Overview

A Trademark, which gives protection to the Brand name, logo, word, symbol or any combination thereof used with respect of business or in respect of certain products or services.

Trademark is given in the country in which it is filed, and to file in another country we have to comply with laws of the other countries.

Where United States of America is one of the economically leading country, and to apply trademark over there from India, or from their native countries, it has to be complied with the centralized governing authority called as the United States Patent and Trademark Office (USPTO)

Benefits of filing US Trademark Application

Registering Trademark in US has following benefits and they are as follows:-

Legal ownership throughout all States i the US.
A USPTO Trademark registration confers the highest degree of protection for a Brand name.
Exclusive usage right.
Right to refrain others from using your Trademark.
The trademark gets listed on the USPTO Trademark database ( Trademark electronic search system)
Right to use R symbol.
A USPTO trademark registration increases valuation of the Brand name as well as the business.
Rights o take legal action against infringers and counterfeits.

How to register Trademark in US

In order to take or Register Trademark in US, following steps are neede to be taken, and they are as follows-

US Trademark search

A thorough search of the similar trademark from the database is required to be done before filing of the4 Trademark Application in USPTO. This gives preliminary assurance that your Trademark is not confusing or similar to the already existing mark. And it also reduces the chances of objection or third party opposition.

Identification of Class

Based on the description or service of the product, accordingly class of that product is decided i.e. based on the description of the goods or services, exact class or classes from among 45 classes is being decided.

Comprehensive specification Drafting

The Trademark specification or description should be provided carefully, and the same should be the acceptable entries of the ID manual provided by the USPTO.

Trademark filing basis (Sec 1A, 1B, 44D, 44E)

This is the crucial step of Trademark filing process as the Applicant is required to select the filing basis for the Trademark application, from among intent to use, use in commerce, foreign application/claiming priority ( within 6 months from the date of filing date of the foreign trademark Application) and foreign registration.

Specimen of use

If the Trademark is being filed in which usage of the mark is being claimed, corroborating and acceptable specimen of use (documents establishing the use) must be provided.

Final Application

Once the Application is applied, then a serial number will be provided by the USPTO.

March 23, 2019

What Is BIS Registration ? What Is Procedure Of BIS Registration In India

Documents Required

Firstly you need to provide the details of the technical products for the Lab test. And it is basically about giving information regarding construction details of the business and they are as follows-

PCB layout
Schematic Diagram
User manual
Critical Component list ( CCL)

Secondly you need to provide information about the Factory documentation and information to complete the BIS Application form and Process. It is basically providing the basic information about the manufacturing unit, and for that following documents are required-

Legal address Proof of factory ( manufacturing license Copy)
Trademark registration Copy ( Brand Name or Logo registration)
Organizational Chart of Factory (Top Management + QA Team)
List of Machinery
List of Equipment (QA)
Documents of Authorized Indian Representative ( AIR), in case of Foreign Manufacturer.

Guideline for multiple model and series of product for BIS Registration

In single BIS registration Application, 10 similar models (Series Models) of one brand can be processed together provided they all fall in the series guideline. Only one set top box can have multiple brands of 10 series models in single BIS registration Application. For cell and battery, it can be upto 20 series models (1+19).

Process for BIS registration In India

Firstly the sample of the product is given to the BIS approves Indian laboratories which are recognised for testing under defined IS standard.
Secondly after getting the test report, apply to BIS office with prescribed format i.e. by filling form VI which is attached with lab test report, factory documents, information and undertaking. And after scrutiny of all submitted documents and information, BIS registration certificate will be issued.

What are the guidelines for BIS Registration

BIS registration certificate is granted to Manufacturing units and not to any individual. All importers and traders need to get BIS Registration for their respective manufacturing units before placing their order for scheduled electronic items.

Importer or Trader can become the Indian Representative for manufacturing unit as it is mandatory to have an Indian representative to get BIS registration.

Validity of BIS registration certificate

BIS registration certificate is valid for 2 years and after that it gets renewed. Few documents and fees is required to be submitted in order to get the renewal of BIS Registration certificate, testing of sample is not required in case of its renewal.

March 19, 2019

Relevancy and reliability of BIS Registration for Consumer electronics

Introduction

India is a developing or growing country under which demands of electronic items or devices among upper middle class or middle class is rapid and growing day by day. It is very difficult to keep away from electronic devices. That is why Government of India has begin a safety drive as Compulsory Registration scheme ( CRS) for consumer electronics. This scheme is being implemented through Bureau of Indian Standards (BIS) having its head office at Delhi. The mandatory scheme is known as “BIS registration for Electronic Products”.

Relevancy

Relevancy of CRS is quite relevant after seeing the problem caused by the neglected safety measures. In most f the developed countries they have their own safety measures, and in a similar way india is also obtaining safety measure or standards by introducing IS standard which is similar like IEC standard. By seeing the world scenario, and environment challenges, it is very relevant to have our own standard to follow safety norms according to our need and it should be applied very sincerely.

Process

Registration of BIS is very easy and it is followed by two simple steps. In order to get the BIS Registration, the product is needed to be tested by BIS approved labs, and secondly, you need to submit the factory information along with test report to BIS office. It normally takes time of around 45 to 60 days to obtain BIS registration for your Brand and model of your particular product from the Government of India.

Reliability

To check the reliability of the product proper surveillance and cross verification of the documents are being implemented to check any manipulation by the manufacturer. It is also suggested to put or invoke the penalty clause for defaulters which is a good measure to strengthen the scope of reliability.

Therefore in order to sell electronic products in India it is important for all to take BIS registration from the proper testing Labs which are authorized by the government of India. For BIS registration, delhi Head office undertakes a thorough analysis of the product quality and functioning and thereafter issue BIS Registration certificate.

And we the team of BIAT Consultants are there to provide legal as well as other assistance to provide BIS Registration Certificate to their Clients with ease and tries to give hassle free environment to their clients.

March 18, 2019

Assignment of copyright in India

Copyright is a unique kind of Intellectual property Rights. It gives exclusive right to a person to reproduce the work or that person can authorise another person to reproduce the work by way of assignment. But there should be some amount of creativity and originality in the said artistic work.

Crucial points that are included in case of Copyright assignment and they are as follows-

The ownership of the copyright may be transferred wholly or partially.
While transferring the copyright to third person, then the owner must specify the amount of copyright assignment.
The assignment of copyright is valid only when it is in writing and signed by the assignor or his authorized agent.
The rights of the assignor of the copyright shall be diluted to the extent of the rights assigned to the third parties.
The rights of the assignor in the copyright shall be diluted to the extent of the rights assigned to the third party.
The assignment deed shall specify the territorial extent of such assignment.
The assignment deed must specify the assigned rights and royalties to be paid.
The assignment agreement shall be subject to revision, extention or termination on terms mutually agreed upon the parties.
If the assignor fails to exercise his rights within one year of the assignment, then it is deemed to assignment deed to be lapsed.
In case the assignment undertaken is in contrary to the terms and conditions of the rights already assigned to a copyright society to which creator is a member, it shall be deemed void.
In case of a manuscript, a copyright is a personal property of the owner, that can be transmitted through testamentary disposition.
The equitable assignment is just the agreement to assign and not the assignment.
After the assignment the assignee will get the rights of translation, abridgement, adaptation, dramatic and filmmaking in the work.
To repeal the work the creator is required to give the notice of the same in the prescribed format along with the prescribed fees to the registrar of copyright or by way of public notice. As soon as the registrar will receive this notice, he is required to publish it n the official gazette. Within 14 days of publication, the registrar shall post the notice on the official website of the copyright office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from that day of notice.

Contact BIATConsultant for online copyright registration in India .

March 18, 2019

What are the main contents of an Employee Contract

An Employee Contract is provided by an employer to its employees which specifies terms and conditions under which an employer hires employees. The little co-signed paper also represents the integrity of the Employer Company and also the passion of the employees towards the company and their work. Through this blog we will understand and discuss the components of the employees.

5 main components of the Employee Contract:-

Terms and conditions of the employment- It specifies the terms and conditions of the employment contract which specifies the circumstances under which the contract of employment can be considered as valid. It should be noted that the term and conditions of the contract must be within the country and human laws and it neither the employer or employee should go beyond that otherwise the same can be considered as null and void contract.

Duties of the employees:- It is the duties of the Employee to adhere the terms and conditions of the Company to remain in the employment of the company. Work of an employee can be decided depending upon the work and designation of the employee, t5his can be flexible but not to the extent of exploitation.

Number of hours that an employee should work per day- The Employee contract must contain clause regarding the working hours of an employee which can vary according to the designation of the employee. There is some flexibility which is granted and that can be decided by an employer. While fixing the number of hours to work of an employee that State laws should be kept in mind and also while fixing working hours one should take care that the minimum working hours are within the restrictions set by the Government.

The Statutory Entitlement of an employee- what are the things to which employees are entitled to and what is he entitled for- these are the elements of this part of the contract. And while deciding this one should keep State laws in the mind and also employer should make sure that these entitlements are not detrimental to the health of the company.

The Employee benefit- The employer must mention the benefits of the employee in the company which increases the interest of the Employee to be part of that company as along. And the benefits should specify the Plans, schemes, that the employee can enjoy i addition to the CTC and Salary to which you are paying to your employee.

By signing or providing this Employee contract to their employees it ensures the healthy relationship between their employees, or you can also retain your employees in the way that is desirable for both the parties.

In case you want to hire some legal consultant in India for drafting employee employer contract , feel free to contact BIATConsultant .

March 3, 2019

SME ( Small and Medium Enterprises) listing for start up

Fundraising is a very crucial task which is required to be done by the Directors of the company, and when it comes to a start-up it is very important to see the best efficient investment to be done in the idea which can give good effect to their business. Or it may search for a investor who is ready to invest in the best efficient way in the ideas of the startup to raise the efficiency of the start up.

Since only Public Limited Company can list its securities, therefore SME listing is a unique stage for start up incorporated as public company.

For further development of securities market, especially for Indian small and medium enterprises. Securities and Exchange Board of india (SEBI) recently permitted listing of SMEs without following any cumbersome procedures of an Initial Public Offering (IPO). therefore SEBI introduces new chapter to SEBI ( Issue of Capital and Disclosure Requirement) Regulation, 2009 Act, which is SEBI ( Listing of Specified securities on Institutional Trading Platform) Regulations, 2013. (ITP regulation).

Some of the key faces of ITP Regulations-

The paid up capital of the company has not exceeded 25 crores rupees in any of the previous financial year.
The company must have at least one full year audited financial statement, for immediately preceding financial year at the time of making listing application.
At Least 25% of post listing capital shall be held by the promoters which shall have lock in period of 3 years from the date of listing.
All specified securities of the SME shall be in dematerialised form.

Start ups comes with very innovative ideas to foster the development of startup SMEs listing platform is very important. This will not only increase the access to funds but also increases the visibility of startup.

ITP regulation provides incredible and efficient market place which narrows down the gap between investors and emerging corporate in India.

Therefore to make start up a good platform or efficient, it is very important for startup to involve good investors, venture capitalist etc. in their business for the listing of SMEs.

March 3, 2019March 3, 2019

Procedure For Restoration of the expired Trademark In India

Trademark helps to establish a brand name or image in the mind of the people. Trademark is very crucial process after checking similar existing trademark then only, registry finalises or issued the Trademark. Trademark is given for a period of 10 years after which it has to be renewed by an Applicant or through his/her Attorney the same can be renewed.

Following steps shall be taken to renew the trademark when it gets expired-

Initially, the owner has to fill TM-R form in order to get Trademark renewed within 6 months from the expiry of the trademark.
Then once an application is accepted then it has to be advertised in order to inform the concerned person about its restoration and invite objection from the people.
In case there are no objection received within the specific time, then the Trademark is registered and enclosed within Trademark information.

Procedure for Trademark renewal of Associate in nursing Trademark in India-

In case the owner himself does not make an application for the renewal of the Trademark within 3 months from the expiration of the Trademark. Otherwise Trademark registry can themselves intimate their agents or applicants about their expiration.
In case no requisite fees is given to the registry then the Trademark of the Applicant expires.
An application for the restoration is filed within 1 year from the expiration of the Trademark.
Then the mark is advertised in Trademark journal, and registry invirtes objection.
If no objection is received then trademark ios the applicant is restored and if objection is received then hearing is conducted for bth of the parties.
If someone else apply for registration of the terminated Trademark then the bsiness man needs to file associate in nursing objection against third party who has applied for registration of terminated trademark.