In this article, we will discuss about three types of organizations including three different aspects of forming an NGO i.e a Society, Trust and a Section 8 Company. These organisations are generally formed to promote social welfare, social development and other charitable purposes. However, you need to understand that all the above three does not […]
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In order to reduce the compliance burden on the corporate sector, the Ministry of Corporate Affairs (MCA) has announced that the companies whose financial year has ended in December 2019, would be allowed to hold their first Annual General Meeting (AGMs) within the first nine months of their current fiscal or September 30 without it being […]
Once the name of the Company is registered then it cannot be removed from the Register unless it is dissolved by the process of law, either as a result of its winding up or upon its amalgamation with another Striking off Company. However, in case the Company is a Defunct Company, the Companies Act provides a […]
Employment Agreement is a formal signed agreement between an employer and an employee. It figures out the rights and obligations of both the parties which are involved. A contract of employment may be a reasonable contract employed in labor law to trait rights and duties between parties. The contract is between “employee” and an “employer”. […]
The Companies Act, 2013 Act been developed with a view to enhance self regulation, improve corporate governance norms and raise the level of transparency with a significant objective to protect interest of shareholder or Investors. Therefore, Act brought landmark legislation which is known as Related Party Transaction to diminish its consequences. In the interest of […]
Auditors resigning from any company before their term ends is a very serious issue. In most cases, auditors are resigning invariably due to concerns over the integrity of the management.There has been significantly rise in the number of cases of untimely resignation of statutory auditors from listed companies. In recent past, corporate sector saw the […]
A society is an aggregate of different types of people connected to each other with the rope of same cultural expectations and geographical territories. A society thrives on continuous development and better opportunities. For a society to function better, certain rules and regulations are formulated by the law. The main objective of establishment of a […]
According to Companies Act, 2013 a Nidhi company is registered as a non banking finance Sector Company to provide benefit to its members. The main purpose of Nidhi Company is to borrow and lend money between its members. A Nidhi registered company can also be called as a Mutual fund and Benefit funds. However, if […]
A charge is a right created by any person which may also include a business entity or a company which are referred to as “the borrower”. Such charge can be on assets and properties, present and future, in favour of a financial institution or a bank, who are referred to as “the lender”, which has […]
Every entity doing corporate business requires Independent Examination of financial Information to maintain financial stability and verification of its accounts and records, compliances and other appropriate laws applicable to the company. Therefore, it performs audit in periodical basis depending upon the nature of the audit by an Independent Professional. This article broadly covers the regulatory […]
A trademark is a discernible symbol that aims to differentiate between different commercial articles like goods and services, legitimately. It is also used for the identification of origin and advertisement of various kinds of articles of commerce. A trademark could be conventional like signature, numeral, device, pictures or it could be unconventional like combination of […]
In India, there are multiple ways through which a company can avail or raise long term capital. It can be through issue of equity shares, debentures, preference shares or by accepting money through deposits. In most of the cases, such capital is utilized for the purpose of expansion and growth of the company which includes […]
Many circumstances in life are unavoidable including death which is one of the certainties of life. To secure the upcoming generation and to identify that who should inherit a person’s property after they die, a will is created. A will is an important tool which helps in determining how and where your possessions shall be […]
A Non Disclosure Agreement (NDA) is a legal and confidential agreement which is executed between two parties where both the parties promises not to disclose any information which is confidential. A Confidential information is such which cannot be disclosed to any third party and has to be secret. Hence, NDA creates a confidential relationship between […]
A Franchise Agreement is a legally binding agreement in which a well-known and established business (franchisor) grants right to provide its operational model, brand, and necessary support to the other party (franchisee) to run a similar business in exchange for a fee and share in the income generated. Such agreement provides the terms and conditions […]
At the time of registration of a trademark, any individual or the Trademark Registry may raise an objection for Trademark Registration. The stage of trademark objection is one of the most crucial stage and needs to be handled carefully and with utmost caution. For this, a strong reply must be drafted for the query which […]
One of the most important characteristic of a company is that its shares are movable property which means that its shares or securities are transferable. The Articles of association (AOA) of company provides the rules and regulations through which shares can be transferred from one person to another. Such transfer can take place only in […]
When you transfer property to someone, it can take place either for a consideration or without consideration. So when you transfer property to someone without consideration or any monetary dealing, such transfer is known as Gift Deed. Anyone can transfer any property to their dear ones which may be out of pure affection or love […]
The name of a Limited Liability Partnership (LLP) is its identity which defines it from others. However, the partners of LLP might consider changing its name due to various reasons which may include any personal reason or any change in business strategy. Also, if the name of the LLP is not as per the provisions […]
In recent times, Food business in India has witnessed a tremendous growth. Customers attracting towards mouth watering dishes and great ambience brings the possibilities to start your own restaurant. Many business owners have shown keen interest in setting up their own restaurant business along with getting good financial progression. A proper restaurant business plan is […]
To tackle the disruption caused by the Coronavirus Pandemic, Indian Government has been taking various measures. One such measure was giving special attention to the small and medium size businesses which comes under purview of Micro, Small and Medium Enterprises (MSME) to give momentum for promoting economy. Hence, once social distancing and movement restrictions norms […]
Currently, the structure of corporates in India seems to be disturbed by a number of scams starting from the decade old Satyam Computer Services Scandal to Nirav Modi Scam happened recently. After the Satyam Computer Scandal, Indian Government revamped the framework of corporate regulatory up to a certain level by enforcing Companies Act, 2013. This […]
After the outbreak of COVID-19 pandemic, the inadequate availability for personal protective equipment (PPE) has resulted in complex issue in India. PPE is one of the important measure that is adopted to prevent the infection of Coronavirus. Before this pandemic, India was not producing any PPE kit. This forced the Ministry of Health & Family […]
An e-commerce industry is the fastest growing industry of this world it is very help for the starters to build an image using the online medium There are certain questions while starting a e-commerce business like who will be the producers, what is going to be the structure, what e-commerce exactly is. Whether you want […]
Shareholders are the essential part of an organization where they are assumed to be the owners of an organization after purchasing or holding shares of such organization. They are someone who pool in the money into the company. Hence, by investing money, they also have a right to vote on various matters in relation to […]
In India, now a day’s Food Business is one of the most productive and trending businesses. With the advancement in technology and presence of the e-commerce website anyone can order food at anytime from any place and the e-commerce websites are aiding to let people enjoy their meal at doorstep and this way the food […]
In India, Section 8 Company is formed with the objective to encourage education, science, sports, arts, social welfare, religion, protection of environment etc. Under Companies Act, 2013, Section 8 Companies are registered as Non-Governmental Organization and is one of the form of companies. Hence, like any other company under Companies Act, 2013, Section 8 Companies […]
The Transfer of shares means voluntary handing over of all the rights and the duties of a member in the Company and also from a shareholder who is not willing to be a member in the company and any more to a person who is willing to become a member. Normally, the securities of a […]
During the past years we have seen some ups and downs with the construction Companies but the industry always has demand and where there is a demand, there is always an opportunity to grow. Choosing the right business direction is a very important aspect from the growth perspective as one must ascertain whether he/she wants […]
Page Content Can a shareholder/partner be minor? Participation in a Private Limited Company Participation in Limited Liability Partnership Participation in Partnership Firm Sole Proprietorship Business Conclusion Can a shareholder/partner be minor? In India, business is commonly managed by the family member. When the business is privately held and is considered the participation from the junior […]
MSME stands for Micro, Small and Medium Enterprises. MSME has an important role in the growth of Indian economy as Indian economy is majorly dependent on agriculture and small businesses. MSME is the backbone of the Indian economy, hence it is extremely endorsed by the government. For MSME Registration, the government of India provides various […]
A Society is an association of individuals who work together for non-profit purpose for the welfare of the general public at large. The primary motive of a Society is to promote the advancement of charitable activities, art, science, literature, sports, education etc. On the other hand, a society is also formed for the purpose of […]
There is one question which always crept in mind of the business owner whether the company can give loan to its director. Is there any penalty involved? We will get the answer to this question in Section 185 of the Companies Act, 2013 which is one of the most important sections of the Act. Page […]
A Trademark is an intellectual property, the same as a physical property like land. Just like an owner of land has the right to sell or transfer his/her property, in the same way, the owner of a trademark also has the right to do the same to his/her trademark. Every owner of a trademark owner […]
In a large state like Rajasthan, stepping into the Pharmaceutical industry seems quite challenging that already has multiple numbers of drug stores. In fact, if we talk about Rajasthan, the market of Retail Pharmacy has grown tremendously over the last few years. The increasing deterioration in the health of the people has led the need […]
A Start up is a small newly incorporated business which is started by one or a group of different individuals. A Start up generally try to offer a range of new products or service which is not provided anywhere else in the same way by any other new ventures or businesses. It can be best […]
A Limited Liability Partnership (LLP) is created as per the law, hence, it must regulate its day to day affairs according to the LLP Agreement, LLP Act, and the rules and regulations which are framed thereunder. In addition to the LLP Act, LLP is also subject to laws that apply to any other type of […]
A person engaged in business or profession is required to maintain regular books of account under certain circumstances. To give relief to small taxpayers from this tedious work, the Income-tax Act has framed the presumptive taxation scheme under sections 44AD, sections 44ADA, sections 44AE., Section 44BB and Section 44BBB A person adopting the presumptive taxation […]
Returns under GST have undergone a lot of turmoil. GST era started with a big bang of compliance based law and complete transparency system. However one of the biggest challenges of GST implementation was filing of returns online. Earlier there were a lot of apprehensions from the industry too in complying with the various return […]
Every business entity has a principal place of performing its business activities which is known as its Registered Office. From the point of view of general public, customers, shareholders and others, the address of the situation of the registered office is very important. In India, every company is governed as per the provisions of Companies […]
Page Content Meaning of the term “Suo Moto” Suo Moto cancellation of GST Registration GST officer to cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where Communication Suo Moto Cancellation of GST Registration Application for Revocation of Cancellation of GST Registration Steps to be taken […]
GST is a tax leviable on supply of goods or services or both except the supply of alcoholic liquor for human consumption. Implementation of GST has been seen as a great tax reform that will unify the entire nation, as far as taxation is concerned. GST will have social consequences on charities and the non-profit organizations. […]
In the new era, a lot of people have decided to shift their business over internet. GST which is called to be a unified tax, have shown its implications over the ecommerce operator. This article aims to explain the provisions related to compliances to be fulfilled by an ecommerce operator. It becomes important to understand […]
In recent time, MCA (Ministry of Corporate Affairs) took a lot of strict and disciplinary against those companies which have not filed their financial statements and Annual Returns on due time with the ROC (Registrar of Companies) which are considered as “shell companies” by the MCA. Due to such default, the Ministry of Corporate Affairs […]
“RERA Act” stands forReal Estate Regulatory Authority Act that came into force in the year 2016 to bring transparency in the real estate sector. It was brought into force to cater down the problem faced by the occupants due to delays or discrepancies made on the part of the promoters or contractors of buildings, flats, […]
It takes a lot of determination, sweat and hard work to create a unique original work or masterpiece which is priceless and should be preserved by its creator. The creator can safeguard or preserve his work from any kind of infringement or being stolen or copied by registering it as a Patent. Patent is a […]
A company has two pillars which are shareholders and the company’s board of directors, wherein the shareholders appoint the director to manage the day to day operations of the company. Directors have a very important role to manage the functioning of the company. The most essential duties of directors include managing of the business, developing […]
NGO or Non Governmental Organization is an organization that is incorporated for non profit or charitable activities to give support to the underprivileged section of the society. It resolves various issues related to social, legal, cultural, child education, environmental, art, science etc. The term “NGO” is used by the government to refer those entities which […]
The rate of success of a product not only depends on the product, but is also largely dependent on its design. The importance to design of a product should always be given high priority. A unique design always creates a positive impression and help in communicating the main purpose of the product in the market […]
Paid up share capital is the part of total called up amount which is actually paid by the shareholder.It refers to the amount that has been received by the company through the issue of shares to the shareholders. Company cannot issue paid up capital more than the authorized capital of the company. However, a company […]
A Partnership is one of the most popular form of business entity in India where two or more persons come together to form a business and agree to divide the profits in pre-agreed ratio. A Partnership firm is very easy to form and the compliance requirements are very less in comparison to any other form […]
Every company is required to appoint director as per the provisions laid down under the Companies Act, 2013. A director is a person or individual who is responsible for managing, directing or controlling the affairs of the company. A director is appointed to perform various functions and duties as per the rules and regulations of […]
Are you planning to launch your own start-up? Then you have landed on the right page. Legal Window has more than 10 years of experience in providing consultancy services related to registration of start-ups and their funding. When we talk about funding, it is an extremely important aspect to meet the expenses of your newly […]
In India, food industry has become one of the most demanding and profitable business industry. More and more food businesses are entering this industry due to various advantages related to increase in demand for good quality of food and services. Moreover, recent increase in online food delivery and culture of dinning out, visiting bars, lounges […]
No matter what type of business activity and turnover your business have, all the companies and LLP’s registered under Companies Act, 2013 and Limited Liability Partnership Act, 2008 respectively have to comply with specified rules and regulations. There are various compliances for such entities which needs to be complied with.In this article, we have discussed […]
With the multiple growth opportunities in the market and understanding the need of the corporatization, many of already registered and operating Partnership Firms, limited liability partnerships are looking forward to switching their business into a company form. Business in corporate form looks more credible and solidifies the firm identity. Hence, in case a partnership firm is […]
A Nidhi Company is one of the categories of Non-Banking Financial Company (NBFC) that does not require license from Reserve Bank of India (RBI) to commence its operations. Nidhi Company is managed under the supervision of Ministry of Corporate Affairs (MCA) as per Section 406 of the Companies Act, 2013. The primary business objective of […]
This year, the world has come to a stand still due to the ongoing situation of Coronavirus (COVID-19) pandemic which is causing a vast amount of destruction on public health and safety. Keeping in view of this, the Ministry of Corporate Affairs (MCA) has tried to ease matters for companies and introduced a scheme which […]
A Trademark is a unique identity which makes your product or service different from the rest. Such unique identity can be a logo, slogan, photograph, word, smell, sound, a combination of colors or graphical designs. In India, most of the business establishments register name or logo only. Hence, if you have developed a unique design […]
In India, whenever an application for trademark is applied, it is advertised by the Registrar of Trademark Department in Trademark Journal. In case any third party has any objection with the trademark which is advertised in the trademark journal, then it can file an opposition within four months from the date of advertisement. Hence, in […]
Being an Agricultural centric economy, almost 60% of the Indian population depends directly or indirectly on the agricultural activities for their living. However, the primary producers and farmers have to face a lot of hardships and struggle to get their share of profit. Hence, to resolve such issues, the Indian Government introduced an expert Committee […]
When we talk about starting our own business, forming a Private Limited Company quickly seems to grab our attention. It is one of the best option which comes into mind of many start-ups and businesses who has high growth aspirations. In India, a Private Limited Company is incorporated under the Companies Act, 2013 and is […]
In recent times, a new form of company has become widely popular which is called “One Person Company” (OPC). To encourage unorganized proprietorship business to enter into an organized corporate world, the concept of One Person Company was introduced. It is a vast improvement over sole proprietorship where a single person has full control over […]
Non-Banking Financial Company (NBFC) is a financial institution which does not possess any full fledged banking license but are involved into business of offering financial products, loans and services to customers. NBFC’s mostly deal with the business of loans and advances, finance leasing, acquisition of shares, hire-purchase, chit fund etc. NBFC’s act as an alternate […]
Nidhi Company is a very popular lending mechanism in case you need to obtain secured loans. Nidhi Companies are one of the categories of Non-Banking Financial Company (NBFC) which does not require any license from the Reserve Bank of India (RBI) . Nidhi Companies are a type of Public companies which are formed for cultivating […]
Micro Finance Companies are the financial institutions which provide finances or loans to people with low income and to groups whose financial requirements are less as compared to the other sections of the society. In simple words, Micro Finance Companies provide funds to those who are located in remote areas especially in semi urban and […]
These days, Limited Liability Partnership (LLP) has become one of the most popular form of organization amongst many business owners as it has the qualities of both a partnership firm and that of a company. Further, LLP offers extra benefits in comparison to a normal partnership firm. Ever since its launch in year 2009, LLP […]
As India is one of the fastest-growing economies in the world, many foreign companies and ventures are showing keen interest in starting their operations in our country. A Foreign national (except those holding citizenship of Bangladesh or Pakistan) or any company incorporated outside India is to allowed to make investment and can have their own […]
Project office is a place of business that represents the interests of the foreign company to undertake a project in India. A Project office helps the companies to establish their business presence in India for a specific period of time. It can be referred to as a branch office that is established to execute a […]
Recently, India has become a hot spot for various foreign entities who are showing keen interest in establishing their business operations in India by tapping the growing Indian economy as well as getting access to the best human resources in the world. RBI in this matter has issued various guidelines regarding establishing Liaison Office/Branch Office […]
A Trademark is a kind of intellectual property which can be a name, logo, slogan and numerical or any symbol which distinguishes its goods or services from the other goods or services. The owner of a trademark can be an individual, firm, company or any other legal entity. A Trademark becomes an intellectual property only […]
When we talk about a Public Limited Company, it is somehow different from a normal Private Limited Company. Public Limited Company is such form of a company whose shares are freely sold and can be offered to the general public, which is not in the case of a Private Limited Company. However, just like any […]
A Copyright is an essential right that prevents any other person not to copy someone’s work. A Copyright lets the owner an exclusive right on his work. If your work is protected by copyright, then no other person can copy, imitate, or reproduce your original work in any other illegal manner. You can take copyright […]