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April 23, 2019

Chowkidar Remark made in the heat of Political Campaign, Rahul gandhi tells SC

Congress President “ Rahul gandhi” said that the Chowkidar Remark was made by him in the heat of the political campaign and he also clarified that he did not have the slightest intention to bring SC into the political arena or disrepute.

On April, 15 the apex court had asked Gandhi’s explanation on the petition filed by the BJP MP Meenakshi Lekhi, who had sought criminal contempt against the congress president for wrongfully attributed statement to the apex court. Senior Advocate Mukul rohatgi and appeared on behalf of Lekhi and told CJI- led bench that congress president had made a remark that the SC has said “ Chowkidar Chor Hai” in the verdict in Rafale Review delivered on April, 10.

In the Affidavit filed today, Gandhi has clearly said that he has made a statement without going through the actual order and in the head of Political campaign he passed such comment on the BJP.

He as written following things in his affidavit?

“ At the time of and in my statement, the issues relating to court proceedings unfortunately got juxtaposed and mingled with a political slogan being used extensively by answering Respondent’s party as well as answering Respondent for the last several months, which is a matter of intense and frenzied public debate during the ongoing Lok Sabha elections” “It is unfortunate that this slogan got intermingled with my comments on and references to the Apex Court’s order dated 15.04.2019”

“It has been used (and misused) by my political opponents to project that I had deliberately and intentionally suggested that this Court had said Chowkidar Chor Hai! Nothing could be farther from my mind. It is also clear that no court would ever do that and hence the unfortunate references (for which I express regret) to the court order and to the political slogan in juxtaposition the same breath in the heat of political campaigning ought not to be construed as suggesting that the court had given any finding or conclusion on that issue”

“As a responsible political and public figure as also as the head of a 130 year old political party, the answering Respondent does understand that the said juxtaposition of the political and legal stands has been fully clarified by the order of this Hon’ble Court dated 15.04.2019 to which the answering Respondent humbly bows down”

This is how Congress President had taken his words back and said sorry.

April 13, 2019

How To Register A Company In India From USA

In this blog we will discuss that how a Foreigner/ Non resident Indian can register a company easily in India .

An Applicant can apply for Company Registration in India either Online or Virtual , and can easily get its company incorporated in India .

How to register a company in India from USA

The very first step to start with the registration process of company is to decide the name of your business entity i.e. firstly name of the Business Entity is to be chosen before applying for company registration. You can Register Private Limited Company, LLP, Partnership etc in India from USA completely online. According to BIATConsultant , it is advisable to register a LLP or a Private Limited Company in India since these requires very minimal legal requirement in India , and can be carried on in India with minimum requirement .

Conditions for Registration of a Company in India from USA

There are certain conditions which needs to be fulfilled in order to start a Company in India right from sitting in USA:

Firstly you need to make sure that there should be One Indian Resident to be a Director of the said company ( in case you don’t have , don’t worry , BIATConsultant will provide you with sleeping director for the same at initial stages) along with his/her documents and KYC details in order to get DIN Number and DSC (Digital Signature ) Number in India.
Secondly, Foreign Direct Limit is to be checked, as in case of formation of a company. If the sector comes in Automatic routes, it will not require any prior permission of RBI. however, if the sector belongs to 100% FDI route, prior permission of concerned ministry of Central Government or RBI is required to start a business and name application needs to be done for company along with the preparation of MOA, AOA of the company.
Thirdly , you have to make sure that you have all the documents in place for company registration and all documents are notarised from your local country and you must send all the necessary documents in well scanned format to a business consultant who is applying for the same .

Documents required to Register a Company in India from USA

Here are the list of documents which are required to register a Company in India from USA:-

Valid Passport
Driving License from issuing country
Voter Id of the issuing country.
Social security Number(SSN)
Bank Statement of last 6 month
Photographs
A resident permit issued by an Indian embassy ( in case you want to reside )
Copy of valid business visa issued by foreign national

Documents required if a foreign company is trying to register a company in India ( Subsidiary of Company ) :

If any Foreign Company wants to register a company in India then following documents are required and they are follows:

Certificate of incorporation that proves that a company is legally formed and registered.
Board resolution of foreign company
Copies of valid address proof of foreign company

The process of registration of Company in India from USA :

The Applicant must have a valid account with the MCA portal in India ( It is preferred to get help of business consultant to do the same ). And if you are not having a account with MCA portal then you can easily sign up with the portal in order to process the company registration in India.
Firstly, you need to apply form DSC ( Digital Signature Certificate), for this you can directly approach the certified authorities to get DSC registered or otherwise you can directly take help of a professional like BIATConsultant for the DSC.
Once you have made an account with MCA Portal and also DSC is prepared, then you can visit this link of MCA , after which you can apply for the name of the company through Run Form.
The applicant after logging into the account, by entering the name of the business entity he must check that whether that name is available or not, and after choosing the name it has to be submitted through Run form along with the prescribed fees of Rs. 1000/-, after which MCA or personnel of central registration will check for the name, and if the name is unique then they will sanction through MCA within 1 to 2 weeks.
After the Application for Name approval, applicant must apply for DIN Number or Director Identification Number. In order to obtain the DIN Number, you have to fill SPICE Form, and there you need to submit the details of the Director for whom the DIN Number is to be allotted along with the PAN card and passport.
And after the above steps your company will be incorporated and certificate of Incorporation will be issued to you and your company will be formed in India from USA.

The company registration in India is only possible with the help of CA/CPA in India who is registered with MCA Portal , and can aids you with all the documentation process along with after company formation compliance service at nominal cost . Check BIATConsultant.com to know more about it

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 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

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

Removal or Resignation of Partner from LLP

Limited Liability Partnership (LLP) is a company where all partners are having Limited liability. Which means that one partner is not liable for the negligence of other partner.

Features of LLP

Limited liability protection is one of the main advantages in small and medium sized businesses.
The existence and running of a limited liability partnership is not dependent on other partners. The change of partners in Limited Liability partnership will not affect in the continuity of the Limited Liability Partnership.
The liability of partners in LLP is limited to the amount of capital invested and there is no minimum limited to the amount of capital to be invested.
However in a partnership firm minimum there should be two members and maximum there can be 10 members, whereas in LLP minimum two members are required and maximum there can be N numbers of members.

Removal or resignation of Partners

Removal or resignation of Partners can happen for many reasons and those reasons are as follows-

Death of the partner
Dissolution of the LLP
If partner is declared to be of unstable mind
If partner is declared as insolvent

A partner can be removed from LLP if there is such resignation or removal clause in an agreement, until then no majority of partners can remove the partner by voting.

Removal of partner by majority, for that form is to be filled within 30 days duly signed by designated partners and the same has to be validated by a Chartered Accountant.

If a partner himself wants to resign the he must file or requires a notice to be given to the designated partners about its resignation 30 days in advance.

The procedure of removal of Partners from LLP is simple and the procedure is as follows-

Preparation of financial statements and division of assets among the partners from the date of resignation.
Redrafting the LLP agreement
Tax compliances applicable to retiring Partner

January 13, 2019

Company Registration is now free of cost

Start ups are the best option for the youngsters to show their talent in the business. India is an exemplary place to start a business with a mob of most business efficient people. India is a country that has become great for investment.

Small business or people with excellent business ideas have many opportunities to incorporate a business with no cost. In this blog we will get to know the process of its incorporation and the step taken by government of India for small enterprise or business to legalise and expand their business.

Free of cost company incorporation

Company registration in India has now become effortless. Here are certain steps which are taken by the Government to make incorporation of companies easy and flexible and they are as follows-

Company can now be registered at zero cost up to an authorized cost of INR 20 Lakhs.
Company name filing will have a procedure.
Digital signature will not be required for company name approval.
Reserve Unique Name (RUN) is a new service that has been launched by the Government.
Director Name Approval (DIN) is not required for company name approval.
Director Identification number (DIN) is required in case of Spice form filing.

Now register all type of companies free of cost

Free incorporation of companies brings transformation that makes things simpler and easy for business in India. All forms of companies i.e. Private Limited company, public Limited Company, One person company etc is free of cost

There are some cost which is required to be paid by people those will register company now. Here are certain points under which some entities will be chargeable with a basic amount and they are follows-

Director Identification Number (DIN) fees of Rs. 500 per Director.
Digital Signature Certificate (DSC) fees of Rs. 600/- per promoter.
State stamp duty which comes around from Rs. 200/- to Rs. 10,000/-.
Professional fees comes around from ( Rs. 5000/- to 14,000/-).
Stamp paper and miscellaneous cost comes around to Rs. 500/- to Rs. 2000/- (depends on the number of members).

Easy steps to claim free of cost company registration

It is very easy to register a company in india if the name chosen by a company is unique and now it is free of cost as well. But you need to follow a basic rule and should hire a professional to guide you in best possible way. Since there is no Direct procedure, therefore it is required for a company or any individual who wants to register its company name should hire a professional as their signatures are required. This process is also less time consuming.

Therefore free of cost company registration is just like a revolutionary step which is taken by Government of India. Business registration is one of the major benefits of country’s wealth. India secures the position in the top 10 economic nation in the world. Things will be built in a better way.

January 13, 2019

Assignment of Copyright in India

Copyright is a unique kind of Intellectual Property right which gives protection to original creator or author. Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It is essential that work must show a minimum level of creativity and originality.

Once the copyright is registered by the owner that cannot be reproduced or published without the permission of the creator.

Also Read : How To Apply For Copyright Registration In India ?

Crucial points for Copyright Assignment

The ownership of the copyright may be transferred wholly or partially.
While assigning copyright to the third party the owner must specify the amount of copyright. And that third party cannot further assign that copyright without the permission of the owner.
In case the assignment of copyright will take place in future then that assignment shall take effect only when the work comes into existence.
The assignment of copyright is legally valid only when it is signed by the assignor or by his authorised signatory.
The rights of the assignor of copyright shall be diluted to the extents of the rights assigned to the third party.
The assignment deed shall specify the territorial extent of such assignment.
The assignment shall further specify the assigned rights and the amount of royalty paid.
The assignment agreement shall be subject to revision, termination, extension on terms mutually agreed upon parties.
In case the assignee fails to exercise its power within 1 year of assignment then the assignment in respect of such right shall be deemed to be lapsed.
If the assignment is contrary to the assignment which is being mutually agreed by the parties then it shall deemed to be as void.
In case of Manuscript, copyright is a personal property and if it is to be transmitted then it can transmitted by testamentary disposition.
The equitable assignment is just the agreement to assign and not the assignment.
After the transmission of the copyright the assignee will get right of translation, adaptation, dramatic and filmmaking in the work.

The basic motive behind the introduction of copyright assignment is to give benefits of ownership and distribution to the creator of the work , however the copyright assignment cannot be used to deprive the original creator of his original creation.

January 13, 2019

Is Independent Director really an independent person?

In the age of start-ups there are Directors who take up the charge of the company as they manage and controls the whole of the undertaking efficiently.

Directors are the representatives of the investors and ensures that the company is moving inna right direction to achieve its objectives. For every startup Board of Directors takes necessary steps to ensure that there is no mismanagement in the company.

Independent Director

Independent Directors are the Directors who are brought from outside to participate in Board Meeting of a company and must not be having any material or pecuniary interest in the Company. Only those who are not having any material or Pecuniary interest in the Company determined by the Board to Directors to become Independent Director of the Company. He is given sitting fees in the Board meetings of the Company.

Appointment of Independent Directors

Appointment of Independent Directors in a Listed and Unlisted Companies is very easy and the same is approves in the meeting of shareholders and Independent Directors are appointed as per the provisions under Companies Act, 2013 and they are as follows-

For Listed Companies- at least one third of the total Directors should be independent Directors.

For unlisted Companies- At least there should be two Directors who are Independent in case of unlisted companies.

Public companies should be having paid up share capital of 10 crores or more.
Public companies must be having turnover of Rs. 100 crores or more.
And public companies who should be having in aggregate, outstanding loans, debentures, and deposits exceeding 50 crore Rupees or more.

Term of Appointment

The appointment is for a term of 5 years commencing from the date of appointment and ending on 6th Annual general meeting of the company following the date of appointment. Such appointment can be terminated at any point of time according to the Companies Act, 2013.

The time period of the Independent Director must not exceed two consecutive periods of 5 years each and can be extended for a second term only after passing a special resolution.

Re-appointment of Independent director

According to the companies Act, 2013 Independent Directors can be reappointed only after the expiry of the second term but such reappointment can be done only after the expiry of three years.

Independent Directors always makes sure that the affairs of the company are conducted in a best way so that organisational objectives can be achieved easily.

Want to form a company or get appointed in a company as a director , consult BIATConsultant – #1 Business Consultant In India

December 20, 2018December 20, 2018

Types of Copyright in India

Copyright is a a form of intellectual Property which gives exclusive right to the Authors and creators of original work, and also it gives economic rights to the author which includes right to Copy or publication of a work, or any substantial part of asset.

Copyright of literary work

Books, poems and all literary work which is written by a author must take copyright of it because just writing the book and saving it in a Computer or hard disk does not make you a legal owner of that Book. therefore it is important to take copyright protection of each and every Literary work which is your original creation to do copyright of the same.

Copyright of Cinematography

Visual Collection of any moving object with sound is termed as Cinematographic film. It takes or requires lot of hard work to produce a cinema, and therefore there are lots of people who are involved in its production. And therefore the Producer of it can claim for the copyright of a Cinematographic Cinema. There are certain rights which are provided to the Producer and they are as follows:-

To sell or resell it or give it on hire
To make a copy, Photograph or produce it in parts.
Producer is the only person who will publish the film in public and in that sound recording of a movie is not covered.
Also the artists, the movie is not protected by the copyright of the film.

Copyright of Painting

Painting is an Artistic work and can be copyrighted, whoever makes that painting is said to be the original creation of that person.the person who buys a painting from an exhibition is not said to be the original creator of that painting unless that person has granted no objection certificate from its original creator.

Copyright of a Software

Software Developer uses Software Copyright and proprietary software companies to prevent unauthorised copying of their copyright.

Points of Copyright to keep in mind while remixing a song

Remix of a song is costlier to do a copyright of a song as Remix of a song is just a mix of songs which already there in market and not the original work of the creator.

There are certain issues which are faced in Copyright of a Music

Reproduce work in any form
Issue copy of the work
Perform the work in public
Make any films
Sound recording in the work
Translation of that work