Registration Archives - Page 12 of 13 - Business , Financial & Legal Consultant In India

November 28, 2018

What is the role of Company registrar of Companies in the Incorporation process

The Company Registration process in India includes Companies Secretaries, Chartered accountants and some other individuals. In this blog we will discuss the role of Registrar of Companies in incorporation process.

Role of Company Registrar

Registrar of Companies has very important role to play in Incorporation of Companies. All documents are sent to the Registrar of Companies only. He decides everything like whether Company’s name can be incorporated or not. There are three Categories which are divided in to 3 parts and they are as follows:-

Document Accumulation– Once Registrar receives all the documents and application, then he will cataloguing it responsibly for future assessment.

Document Assessment- Once the Registrar receives all the documents then he will check whether all the documents are in order or not. And for Document assessment he will check whether all documents are present or not. And whether the documents are as per the rule of Ministry of Corporate Affair. And he will check that whether the application is filed right or not.

The certification- Once the Registrar checks every document that whether all the documents are present or not and all the documents are on record or not. And after checking all documents he will decide whether to certify the company or not. After certification of the company, documents are given to the Applicant. Only Chartered Accountant and Companies secretaries and some other people are authorised to apply for Incorporation of the Company. Because they are the experts and will advice you on correct things.

In BIATConsultant there are team of experts which can guide you in Company incorporation process.

November 26, 2018

What Is Said To Be Dormant Status Of The Company

Dormant status of the Company

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

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

Here are some Rules regarding Dormant Company

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

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

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

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

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

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

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

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November 26, 2018November 26, 2018

How to apply for Copyright Protection in India?

For registering Copyright Registration in India an Applicant must file online Application with the Copyright office. The Applicant must consist of relevant information and shall be filed along with the prescribed fees and documents.

Copyright is a kind of Intellectual Property Rights and it helps to protect the creation of the creator of literary, dramatic, musical, artistic and Cinematographic work. Copyright in India is governed by Copyright Act, 1957 along with the Copyright rules, 2013.

Step by Step procedure for Copyright protection in India-

To begin with the procedure of Copyright Registration in India an applicant must must create his user id on the official portal of Copyright by filing his basic details.
After the successful registration the applicant must login to the official portal for Copyright.
Then after logging in screen will appear in which option for E-filing will appear.
Then finally the Copyright Registration form is required to be filled up in four parts as specified below and and after completing each step the next button must be pressed i.e. form XIV must be filled by the Applicant and submitted and move on to the next step.
Then an Applicant is required to complete the particulars mentioned in this form and then press save button. In this the details about the creation must be filled like nature, description, class of work etc.

November 24, 2018

Relevancy and reliability for BIS Registration for consumer Electronics

Introduction

India is a growing country that is why demand of consumer electronic Goods is increasing day by day. That is why government has introduced Compulsory registration scheme for consumer electronics and for that Bureau of Indian Standards has been introduced and being implemented.

Types of BIS Certification Scheme

Normal procedure for Domestic Manufacturers- The applicant is required to submit the BIS Certification Application with required documents and requisite fees. After submitting the application preliminary factory evaluation is being done by BIS Officer. Then those samples are tested in the factory. And BIS Certification is provided when sample is accepted. In this process BIS Certification is being granted within 4 months from the date of filing of the Application.

Simplified procedure for domestic manufacturers- In this the applicant submits the test reports of the sample from the BIS approved lab along with application of BIS Certification. If test report is satisfactory then verification is being done by BIS officer, and BIS Certification is granted if the verification is satisfactory. i n this license is expected to be granted within 30 days.

Tatkal scheme- Those Manufacturers who want BIS Certification mandatorily as per government Notification then they can obtain BIS Certification through tatkal scheme. In this scheme the total time for processing is specified within 30 days, and this scheme is taken on the priority basis and is done as soon as possible as compared to the other.

Eco- mark scheme- In this scheme BIS License is granted for eco friendly products. And these products must qualify the Indian standards. However it is similar to domestic Manufacturers.

Foreign manufacturers Certification Scheme- In this foreign Manufacturers are granted this License for the use if ISI mark under separately designed scheme within 6 months period.

So in case you are looking for BIS Registration Consultant in India to get your ISI mark registered in India , contact BIATConsultant.com .

September 19, 2018September 19, 2018

Step By Step Procedure to incorporate a company in India

If you are thinking to start a new Company but is confused regarding its procedure then in this blog we will be discussing the procedure for its incorporation. Read our detailed guidelines for company registration procedure in India

Steps for Incorporating the Company-

As we have already told you that there are several things which you are required to follow. So here is the list of things or step by step procedure to be followed while incorporating:

Step 1: Choose the name of the business- This step is perhaps the most important step which is need to be done. Firstly name of the company is t be chosen on which your business will rely, so ame of the company should be unique which gives lasting impression to your consumers. Before applying for the name, the Registrar should check its availability that whether that name is available or not otherwise it can get rejected by the Government after applying for ts name.

This step entails the location of your company- Every sort of Company needs to have its physical location associated with it. It is necessary to identify the location on which you need to do your business. And make sure to check the company incorporation cost, the taxation law and other corporate laws in the place you seek to start your company at.

Select the type of incorporation- It is necessary to decide the kind of company which you need to register. There is Private Limited Company, Limited Liability Partnership, Nidhi Company, Section 8 Company and others. So chose the type of business you do and then decide upon the type of entity that you want.

Name of the Directors of the Company- This step is one of the important step. When you are naming the Directors then make sure that they can manage the affairs of the Company. These Directors are going to be responsible or running the business of the Company.

Decide the tps of shares you need- The type of share depends on how you chose to incorporate your company. But make sure that the share you chose should be right one. You will also need to decide that to who you are assigning the share.

Getting Access to the Certificate of Incorporation- In order to fully incorporate your Company you need to take the certificate of incorporation. Once you get certificate, it will entail Company’s Name, purpose, location and information of the company like about its Director and its Shareholders.

The Last Step- The last step involves filing the Articles of Association and and submitting it to Registrar of Company wit the required fees. Thi can be done either offline or online. For Offline process you need to consult either Chartered Accountant or Companies Secretaries. For offline process, you need to take help of Attorney as well.

August 30, 2018

CopyRight Registration Process In India

Copyright Registration Process

Copyright is a protection given for Literary, Artistic, dramatic and Musical work and for producers for Cinematographic films and Sound Recording. In fact it is a bundle of right which is given for rights of reproduction, communication to the public, adaptation and translation of the work. Basically it is a right given to the creators, as India is a developing economy and through new creations only India is getting developed day by day. Therefore it safeguards the rights of the Authors over their creations and thereby creation is protected and Rewarded.

Also Read. : BIS Registration Process In India

Copyright Registration process

Firstly Application for Copyright Registration is to be filed by an Applicant, and there should be separate application for each registration if there are more than application and each application should be accompanied with the prescribed fees which is given or provided by the Registry. And that Application should be firstly signed by an applicant itself and by the Advocate whose Vakalatnama and Power of attorney is attached or has been executed. And that Vakalatnama shall be signed by the party and accepted by the Advocate, and hat acceptance should be enclosed.

Then Diary Number is being allotted by the Registry to the Applicant, and after getting your Diary Number you have to wait for he mandatory period of days so that no objection is raised in the copyright office against your claim that particular work is not created by you.

Then if there will be no Objection then there will be scrutinization by the examiner, then after scrutinization they will search for Discrapencies, if no dicrapancy found then copyright registration will be approved by the Registry, but there is any discrapancy found then discrepancy letter will be issued to the Applicant, and reply to that letter will be prepared by the Applicant, and then hearing by the registrar will be conducted then either approval or rejection for registration will be done.

And if there is an objection raised in the Copyright office hen letter for objection will be served to both the parties, and then reply has to be filed by both the parties, then hearing will be conducted by the Registrar and then application will either be Accepted or rejected , if Application is accepted then check for discrapancy will be conducted and discrapancy is found then letter will be issued to the Applicant and then Applicant will prepare the reply, and then mater will be gone for hearing and then registrar will either accept the application or will reject it. And finally if the application is approved then Application for copyright will be registered and if rejected then application will be rejected.

Also Read : Trademark registration process in India

Therefore through copyright literary, artistic, dramatic and musical work can be copyrighted, you can also file a copyright application for your website or other computer programme, for any computer software and computer programme can be registered as Literary work. And as er section 2(o) of Copyright Act, 1957 literary work includes Computer programme, tables and compilations, including computer databases. Therefore Copyright protection prevents undue proliferation, of private products of work, and ensures that the individual owner retains significant rights over their creations.

BIATConsultant is #1 online legal consultant in India serving clients since 2004. .

August 30, 2018

Process Of Company Registration In India

Steps to form a Private Limited company

A Private Limited company is a Company or a small entity which is held privately. And it limits the liability of the owners to their shares i.e. in case of loss occurred by the company in future then the owners will only liable to their shares. In Private Limited company minimum shareholders should be two and maximum 200 shareholders should be there, and they are restricted to trade their shares publically.

Advantages of Forming Private Limited Company

That forming a private limited company limit the risk to the personal asst of the owner. Therefore if a company is a small entity then it is always recommended to form a Private Limited Company as there is no ris to the personal asset as in case in a Limited Company.
Private Limited Company is a separate legal entity which means that Company is responsible for the management of its assets and liabilities, debtors and creditors.
A company has a Perpetual succession which means that even on the death of the Partner the company continues to exist unless it is legally dissolved.

Also Read : Process Of Trademark Registration In India

Steps for forming a Private Limited Company Registration

First step is to obtain Digital Signature Certificate which is required for filing the forms for company registration. The registration process is online and the forms requires the Digital Signature. You must obtain the digital signature which is certified either by Government or by the Authorized Agencies. The cost of obtaining agencies varies from agencies to agencies. DSC is obtained under class 2 or class 3, under class 2 identity of a person is verified against a pre-verified database, whereas under class 3, person should be present himself before the registering authority to prove their identity.
Next step is to apply for DIN (Director Identification Number) Number, for a Director. DIN Number is basically obtained to be a Director of the following Company .There are three ways for filing DIN and they are as follows:

File form DIN 3- this form requires basic details of the Proposed Directors along with the Documentation Like PAN Card, AAdhar Card etc.
With filing spice in this maximum three Directors can apply for DIN. if a company wants to incorporate with more than 3 Directors and 3 Directors does not have their DIN Number then in that case applicant has to incorporate their company with 3 Directors only and and have to incorporate new Directors later on after incorporation of a company.
If you want to register a company with Biatconsultant then there is no need to apply for separate DIn Number as it is included with the registration process only.

For name approval you have to incorporate your company Via Reserve Unique name (RUN). the Ministry of Corporate Affairs has introduced this RUN facility according to which name for approval is given to the MCA and if Ministry has rejected the name i.e. if the name of the company is not approved then second chance is given. So BiatConsultant helps you to find with the unique name so that there is less chance for approval of a name for incorporaion of a company.

If under spice form, name is not approved by the ministry then no second chance is given and you have to file fresh application and there is no fee.

August 28, 2018

Procedure for BIS Registration

The initial step is to get the item tried from any of the BIS Laboratories according to their affirmed scope (recorded at BIS site (www.bis.org.in)) . all basic part will be announced by the assembling unit and test report of every segment will be submitted to lab, if pertinent.

Besides the test report will be issued by the BIS Recognized Laboratory just ib the name of Manufacturer (Applicant) who is really fabricating the item. The test report which is gotten will specify the name of the assembling unit and its entire address i.e. its production line address from where it is made.

Before test report is presented the application for registration in BIS. it ought to be guaranteed that the test report which was created ought to be tried and assessed and finished legitimately.

At that point following stage is to download the shape 6 which is Application for give of registration and frame 7 which is self assessment cum revelation for registration from the BIS site.

Application in Form 6 and frame 7 it is to ensure that it is properly marked and totally filled by the Chief Executive Officer (CEO) of that assembling unit (Applicant) of creating great.

Following ought to be submitted for BIS Registration and they are as per the following:

-That frame 6 and shape 7 ought to be filled and properly marked b the CEO of the assembling unit (Applicant) or by the Authorized agent (not Indian Representative). Assembling unit will likewise present the Authorization letter in such manner and no section will be left unfilled in the application frame.

-Every one of the records will be submitted and those archives of name and address will be confirmed by the expert. What’s more, the name and finish address of the assembling unit will be accessible in the archive.

-If there should be an occurrence of outside producer frame 6 and shape 7 will be countered marked by an Indian Representative or by the approved agent of branch or liason which is available in India.

-Test report which was issued by the BIS Laboratories will be submitted and that test repost ought not be more seasoned than 90 long periods of issue date by Lab.

-Assertion for the concede of Registration of outside producer will be marked by the Indian Representative or by the Authorized delegate of branch/or liason office.

At that point letter for registration will be gotten.

In this way Rs. 1000 is to be paid for the Application frame at that point expenses shifts in Inspection, Grant of License and so on.

In this manner through this blog we attempt to clear the process for the methodology for BIS Registration process in India

August 28, 2018

Free International Trademark search in India

Free International Trademark search in India

Any individual or organization wants to offer their items in an International Market, they are required to enroll their trademark Internationally too. To get the trademark enlisted internationally it is critical to do trademark search internationally in India, and if no check matches or discovered then an Applicant can apply for trademark registration internationally. International Trademark registration is directed by Madrid Protocol and WIPO ( World Intellectual Property Organization) of Geneva.

International Trademark search is an office given by WIPO by which search is done in international database and candidate additionally gets beyond any doubt that in the wake of applying For trademark Internationally the odds for complaint is less.

Advantages of International Trademark search are as per the following:

By doing Trademark search internationally one gets beyond any doubt that there is no existing comparable stamps internationally. What’s more, along these lines,, the odds of protest lessens. By doing trademark search the Applicant determines that they can’t utilize their trademarks on International level, which spares them for doing any kind of infringement.

Furthermore, by doing Trademark search internationally one gets clear and can likewise observe the infringers i.e. who else is using their stamp and making business advantage out of it and in this way the Applicant can sue the infringer and can assert harms or can request injunction either.

Along these lines it is vital for each individual and friends to do trademark search before applying for Trademark whether in India or Abroad.

Procedure of Conducting International Trademark search In India

There are distinctive strategies for conducting International trademark search in India. The entire database of international trademark is there on WIPO Website, and its control board includes the organizations that agreed to accept the Madrid framework. Through Word Search, Logo search and Device Search Trademark search should be possible:

You can direct word search and search for phonetic comparability under class 1 to 35.

Logo grouping is helped out through Nice Classification database set up in light of Nice understanding.

Gadget check search is finished using the International Classification of Figurative component of stamp database.

One imperative thing to be noted before applying for International Trademark registration it is critical to get your trademark enrolled in no less than one Country and after that you can apply for trademark registration in other Country.

August 27, 2018

Difference Between Trademarks, copyright And Patents

Trademarks, Copyright and Patents are three different things i.e. these are three different kind of Intellectual Property Rights. IPR is the right given to the creators over the creations of their mind. According to WIPO (World Intellectual Property Organizations) Intellectual Property can be defined as the creation of mind, the inventions, literary work, names, logo, dramatic work etc.. and creators of these things gets the exclusive right to use these Intellectual Properties, and no one else can use it without their permission.
There exists difference between Trademarks, Copyright and Patents, but still people finds it difficult to make out difference between these three. Therefore by this blog you will get to learn difference between the Trademarks, Copyright and Patents.
Trademarks
Trademark can be defined as unique name, symbol, logo, colour etc. that can be used to distinguish one goods from the other. By registering Trademark the owner gets an exclusive rights to use that trademark, and that trademark can further be transferred or assigned to others. By trademark registration in India he owner gets exclusive right of its usage and distribution. In order to get your trademark registered in India trademark that is chosen should be unique and should not be generic.
Trademark in India is given for the maximum period of 10 years and it gets renewed after every 10 years. The trademark registration once obtained is valid as long as the mark is used in the commerce.
The benefit of getting the trademark registered is that the trademark owner gets the exclusive right of usage of that trademark, and he can also further assign or license his trademark. And if anyone else who is not authorized to use that trademark uses it then the owner of the trademark can sue him for infringement of the trademark. And they can use R symbol once their trademark gets registered. For example, Apple, Maggie etc.
Copyright
Copyright is the kind of IPR that protects the original work of authorship such as books, articles, songs, photographs, sculptures, choreography, sound recording, motion pictures and creative works. In order to get the work copyright then the work should be original and creative, but the work should be in tangible form i.e. idea cannot be copyrighted whereas in order to get its work copyrighted idea should be expressed in some tangible form.
Copyright is given till the lifetime of Author plus 60 years after his life. The Author can use c symbol after getting its work copyrighted. With copyright registration in India Author gets an exclusive right to reproduce it, make derivative of work, distribute and make public performance and display the copyrighted work. And no one else can use that copyright otherwise it will be considered as an infringement, and the Author can sue the infringer and claim for damages or Injunction either. For example, Novel of Chetan Bhagat etc.
Patents
Patent is given for the new invention i.e. if any one has invented new thing such as manufacturers, machine, compositions, novel processes etc. then he/she can give application for patent registration. For Patent Registration there should be three things which should be met and those are, Novelty, Industrial application, and non-obvious.
Patents is valid for the maximum period of 20 years and after 20 years it comes in public domain i.e. after 20 years any one can use it publically.
Before 2005 only product patent was valid but after 2005 amendment both product and process patent is valid.

After getting product patent in India the inventor gets the exclusive right to prevent others from making, selling, or importing the protected invention. For example. Microsoft has taken patent for its multiple software.

Therefore these three are the clear distinction between the three on the basis of kind of product they prevent. For instance, trademarks gives protection to names, symbols, logo etc, Copyright gives protection to literary, artistic and dramatic work, or creativity and patents gives protection to the new invention.