Instade Knowledge Base (KB)

Trademark search must be completed before trademark registration application to find any faults in existing trademarks. This can be done through the government website (https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx). Trademarks registration is controlled by the Comptroller general of patent designs and trademarks.

Trademark Search is divided into three categories:

Wordmark – For the similar representation of wordmark;

Vienna Code – For the similar artistic representation; and

Phonetic – For the phonetically similar words

The procedure of trademark search

Navigate to the website of the Comptroller General of Patent Designs and Trademarks and follow these steps.

Selecting the option “show details” would display information pertaining to the trademark. Trademark must not be registered the same as any existing one. If the results show no results found then there’s no registered trademark same as searched ones.So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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Drafting a contract means writing down all the terms and conditions of the contract and the legal obligations of both parties. Often, an attorney is needed to create reliable and secure contracts especially when contracts are complex. Instade provides you this service at reasonable prices.

Important points to be considered while drafting

· Language should be clear and precise.

· Statements should be clear.

· There should be only mutually agreed terms and conditions.

Reviewing helps in-

· Understanding terms and conditions.

· Preventing illegal and voidable contracts.

· Preventing breach of contracts.

Important points to be considered while reviewing contracts

· Make sure that both parties are well versed with the contract.

· Clear all the confusions of the parties.

Registration of  Drafted Contract

The laws do not expressly state that all contracts must be mandatorily registered in order for them to be legally enforceable and recognizable; however, when a party becomes a victim to some default made by the other party/parties, it becomes highly tedious for the victim to prove the legality, binding effect, and validity of the contract.So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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Adhering to all the compliances of the law becomes a tedious task. It becomes difficult to even for large organizations. Instade helps you with this checklist and ensures that your organization will face no hassles with compliances. 

Importance of legal compliance checklist

• Keeps the company updated with important compliances. 

• Helps to carry out internal and external compliance assessments. 

• Ensures that by adhering to all the compliances business remains legal. 

Contents of checklist 

1. Compliances with Tax laws

2. Compliances with Employment laws. 

3. Compliances with Advertising laws. 

4. Compliances with Corporate laws. 

5. Compliance Miscellaneous laws. 

6. Compliance with others laws specific to the Industry. 

So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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Changing the name of the company involves alteration of MOA and AOA with due approval of Central Government (the power has been delegated to Registrar of Companies), however, approval of Central Government is not required if the change relates to the addition/deletion of the words “private” to the name. The company also needs to pass the resolution in the board meeting to get approval from other relevant stakeholders of the company. After completing the due procedural requirement, ROC will issue a New Certificate of Incorporation. So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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All types of companies are required to get their books audited so they have to appoint an auditor for the same. First auditors must be appointed within 30 days of registration of the company, other than the government company, and will continue to hold the position till the conclusion of 1st  AGM. In case BOD doesn’t appoint auditors, shareholders can appoint within 90 days of registration.

Documents required for the appointment of auditors

Consent Letter of the Auditor

Certificate proving his eligibility of Auditor

Resolution

Form ADT-1 to be filed with the Registrar of Companies      (ROC).

Besides the above form, the following information to be provided to the ROC.

Name of the new auditor.

Address of the new auditor.

Email address and PAN number.

A number of years for which the auditor is appointed.

Details of the resigning auditor.

Appointment date of the new auditor.

Procedure for appointment of Auditors

1. A practicing chartered accountant / A practicing chartered accountant firm can only be an auditor of the company.

2. Written consent of the auditor must first be obtained along with a certificate from the Auditor that the appointment, if made, shall be in accordance with the conditions as prescribed by the Auditor and that the Auditor satisfies the criteria provided in Section 141 of the Companies Act, 2013.

3. Pass resolution for the appointment of the auditor and file ADT 1 with 15 days of the appointment.So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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LLPs are separate legal entities; therefore, it is the responsibility of the Designated Partners to maintain a proper book of accounts and file an annual return with the MCA each financial year. LLP’s are regulated by the Registrar of Companies, Ministry of Corporate Affairs. All LLPs are required to endure compliances and file certain statutory filing with the Government every year. It is mandatory for an LLP to file an annual return in Form 11 and Statement of Account and Solvency in Form 8.

DOCUMENTS TO BE FILED WITH ROC:

1. Form 11 – For Annual Return of the LLP - Annual return of LLP is a summary of designated partners and changes among them on yearly basis. It is to be filed within 60 days of the ending of its financial year i.e. 31st March. Annual Returns have to be filed on or before 30th May every year.

2. Form 8 – For Statement of Accounts and Solvency - It consists of information related to the statement of assets of the LLP and liabilities and statement of income and expenditure of the LLP. From 8 is to be filed by at least two Designated Partners with the Registrar. Form 8 should be filed within 30 days from the end of 6 months of the end financial year. i.e. by 30th October of each financial year.

PROCESS OF FILING LLP RETURN:

For LLP filing, form 8 and form 11 have to be filled.

Filing of annual returns can be done online on the MCA portal. These forms are to be compulsorily filled in order to smoothly run the business.

Instade helps you to fill up the form without any hassles and at lower rates.So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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A public limited company is one whose shares can be freely traded to the public and can be listed on the stock exchange. It is a limited liability company that raises funds by issuing shares to the general public. Section 2 (71) of the Companies Act defines a "public company" means a company which— (a) is not a private company (b)  has a minimum paid-up share capital as may be prescribed Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be a public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles Requirements/Eligibility for registering Public Limited Company · Minimum of 7 Shareholders. · Minimum of 3 Directors. Documents required for incorporating a Public Limited Company 1. Proof of identity of all the shareholders and directors. Such documents include Passport, Driving license, Voter Id (Self-attested copy) 2. Proof of address of all the directors and the shareholders. Such documents include bank statements, electricity bills, water bills, gas bills, and telephone (should not be older than 2 months) (Self-attested copy) 3. Indian nationals are mandatorily required to provide an attested  copy of PAN 4. Foreign nationals must submit attested passport copies. 5. Memorandum of Association (MOA) and Articles of association (AOA). 6 · No Objection Certificate from the owner of the Address to be used as a Registered Office address. · In the case of leased property, the copy of the lease deed and copy of Electricity bill / Water bill / Gas Bill / Telephone Bill (should not be older than 2 months) for registered office property. · In case of owned property, copy of sale deed and copy of Electricity bill / Water bill   /Gas Bill / Telephone Bill (should not be older than 2 months) for registered office property. 7 • In case any of the shareholders or subscribers to the MOA   and AOA is a Corporate Entity (Company, LLP, etc.) then Certificate of   Incorporation of that corporate entity must be attached together with the resolution passed by the Corporate entity in favor of subscribing to the shares of the company which is going to be registered. • In case subscriber to the proposed company is a Foreign company and/or company incorporated outside India then Copy of certificate of incorporation of the foreign body corporate and resolution passed thereon in favor of subscribing to the shares of the company which is going to be registered. So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram We are Listed on the Below mentioned Platforms, you may subscribe to anyone to get instant updates: Listen on Spotify  | Apple Podcasts | Google Podcasts | Castbox | Radio Public | Pocket Casts | Overcast  | Breaker

Private Limited Company is the most popular type of corporate legal entity in India. The registration is governed by the Ministry of Corporate Affairs (MCA) under the Companies Act, 2013, and the Companies (Incorporation) Rules, 2014. We, at Instade are committed to providing affordable packages for the registration of private limited companies across India.

Eligibility and Requirements for Private Limited Company

-Minimum of two Directors

-Minimum two Shareholders, Shareholders can be –

1. Corporate entity.

2. Natural person.

3. Foreign national or company.

-At least one director must be a resident of India.

Documents required for registration of Private Limited Company

For Directors & Individual Shareholders

• Identity proof documents like Voter Id, Passport, Driving license

• Indian nationals are mandatorily required to provide PAN.

• Foreign nationals must submit attested passport copies.

• For Proof of Residence documents shall include bank statements, electricity bills, water bills, gas bills, and telephone bills. (should not be older than 2 months)

• Passport Sized Photograph

For Registered office

· No Objection Certificate from the owner of the Address to be used as a Registered Office address.

· In the case of leased property, the copy of the lease deed and copy of the Electricity bill / Water bill / Gas Bill / Telephone Bill for registered office property (should not be older than 2 months).

· In case of owned property, copy of sale deed and copy of  Electricity bill / Water bill /Gas Bill / Telephone Bill for registered office property (should not be older than 2 months).

For Corporate entities as a Shareholder

• In case any of the shareholders or subscribers to the MOA and AOA is a Corporate Entity (Company, LLP, etc.) then Certificate of Incorporation of that corporate entity must be attached together with the resolution passed by the Corporate entity in favor of subscribing to the shares of the company which is going to be registered.

• In case subscriber to the proposed company is a Foreign company and/or company incorporated outside India then Copy of certificate of incorporation of the foreign body corporate and resolution passed thereon in favor of subscribing to the shares of the company which is going to be registered.

Post-Incorporation Compliances

Private limited companies registered in India are required to comply with various rules and regulations. Failure to such compliance will lead to penalty or disqualification of Directors. Instade will help you with the company’s accounting and maintenance of required statutory compliances.

IMPORTANT COMPLIANCE FOR COMPANIES REGISTERED IN INDIA

1. Appointment   of Statutory Auditor

2. Commencement of Business within 180 days of incorporation

3. Income Tax Filing

4. Annual Filing with ROC

5. Director identification number KYC

6. Preparation of Minutes

7. Maintenance of Statutory Registers. So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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After the scrutiny and verification, the registrar issues an examination report for the trademark. In that report, the registrar can come up with an objection. A response to this must be filed within a month otherwise the Trademark Registry will abandon the application.

The timely filing of the trademark objection reply can save your time, money, and brand.

Reply to objection

Assess the examination report. You must get it done professionally. Get an assessment of the implications of notice. Get drafted objection reply and review it. Submit the response within 30 days.

Trademarks are those marks which help business to get identified in the market. It is very easy to get the trademark registered but it is preferred by most of the business to get it done professionally in order to avoid any unwanted consequences.

Trademark consultation with professionals is very much convenient. It has the following benefits-

1. Helps in the systematic filing of the application.

2. Registration is done in a manner as prescribed by the rules and regulations governing Trademark law.

3. Helps in removing ambiguities.

An application not filed in a prescribed manner can be rejected and the applicant will get no legal right on the trademarks. That’s why it is good to get trademarks registered professionally. Instade provides professional services at very reasonable rates.

LLP offers a benefit of company and partnership therefore many companies convert themselves into LLP to gain direct control over operations unlike in the case of a company where control is in the hands of directors. LLP registration has the advantage of self-governance and less compliance as compared to other types of corporate entities. LLP also has lesser compliance and easy to operate.

Pre-requisites for conversion

· All the members of the company become partners of LLP.

· No unsatisfied Charges pending on the company.

· Company has filed its latest financial statements and annual return with ROC.

· Company has filed latest IT Return.

· No prosecution has been initiated against the company.

·  Creditors of the company must have consented to the conversion.

Documents required for conversion

1. Consent to act as Designated Partners and Partners

2. Address proof of the registered office of LLP

3. Subscribers Sheet

4. Identity and Resident proofs of designated partners and partners

5. All the details & documents of the company.

6. Statement of Shareholder Consent

7. Statement of accounts of the company certified as true and correct by the independent auditor

8. List of all the secured creditors along with their consent

9. Affidavit by directors verifying creditor along with creditor list

10. Shareholder List

11. Latest ITR Acknowledgement

12. Board Resolution. So, What is Instade Alogs is all about? It is an audio learning and discussion forum enriching our listeners to get all the valuable insights related to the professional world. You can connect with us on Linkedin | Twitter | Facebook | Instagram

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