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Registrations

Incorporation is the formation of a new corporation/ company (a corporation being a legal entity that is effectively recognized as a person under the law). The corporation may be a business, a non-profit organization, a startup, a micro small or medium scale business.MCA regulates corporate affairs in India through the Companies Act, 1956, 2013 and other allied Acts, Bills and Rules. MCA also protects investors and offers many important services to stakeholders. The Ministry is primarily concerned with administration of the Companies Act 2013, the Companies Act 1956, the Limited Liability Partnership Act, 2008 & other allied Acts and rules & regulations framed there-under mainly for regulating the functioning of the corporate sector in accordance with law.

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ISO certification

How ISO certification Help in global business expansion

It’s become very difficult to grab a global buyer outside the country local boundaries for the indigenous product. In today’s competitive global market, the buyers are looking for a top-notch quality product with 0% defect. Here ISO certification play vital role to expand your business global presence. ISO Certification logo ensure buyers a international quality of product before making an order. This way, ISO certification can help you to enter the global markets easily.

Documents required for ISO Certification in India

The documents required for ISO Certification depends upon the type of ISO Certification you are obtaining for your organization. Let’s take the example of most commonly used ISO certification i.e. 9001 which is the quality management system (QMS). Some of the documents have been mentioned belew which are  mandatory documents, mandatory records and non mandatory documents for such ISO Certification:

  1. Scope of the QMS –  In the scope of the QMS Mandatory records are Monitoring and measuring equipment calibration records and Non Mandatory documents are  Procedure for addressing risks and opportunities.
  2. QMS Policy and objectives – QMS Policy and objectives Mandatory records are about design and development outputs review and non mandatory documents are Procedure for design and development.
  3. Criteria for evaluation –  In the Criteria for evaluation mandatory Records about design and development inputs and Non mandatory documents are sale procedure.
  4. The selection of suppliers –mandatory records of suppliers are Records of design and development controls and outputs.

ISO Certification Process

  1. Select ISO standard in which you want a certificate and an ISO certification body for certification
  2. Make an application to the ISO certification body in its prescribed format containing the rights and duties of the owner of the organization and liabilities issues, access rights and confidentiality clauses.
  3. The ISO certification body will review your application and documents provided in the application. The ISO certification body will review the quality manuals and documents of your organization.
  4. The ISO certification body identifies the major weakness/ faults in the system and then will provide a cure period to the organization to rectify such faults and weakness in the organization.
  5. The Organization has to prepare an action plan for curing the faults mentioned by the ISO Certification body. It shall contain a list of actions to be taken for meeting the standards.
  6. Then the ISO certification body will carry aninitial certification audit to check the changes made and analyze the non-compliances in the organization. The ISO Certification body will divide the non-compliances into minor and major non-compliances
  7. In case all the non-compliance are fulfilled then the ISO audit report will be created and you will be granted ISO certification.

Hope now you are aware about the ISO Certification Process in India.

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Trademark / Copyright / Brand Name

Who Can Apply For a Trademark?

In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.

Registration

Once your trademark is approved the registry will give you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.

Please Note: A trademark is only protected and valid in India and does not warrant any international status.

Frequently Asked Questions on Trademark Registration

Can foreign applicants also apply for the registration of their trademarks in India?

Under the Madrid Protocol ( the Madrid Agreement Concerning the International Registration of Marks dated 1891 which entered into force on December 1, 1995, and came into operation on April 1, 1996), an international trademark application may be filed through the trademark office of the applicant. This trademark office is also known as the Office of Origin. The Office of Origin receives the application and then forwards it to the WIPO.

What is the Madrid Protocol?

Let’s try and understand this agreement with the help of an example.Imagine you have a trademark application for the mark SKIDROW in India which has already been registered or has been applied for. The next step would be to file an application with the International Bureau (IB) with the details as per the application in India. You can then choose out of the 122 countries that are a party to the Madrid Protocol where you would prefer to file. All the offices that have been selected will receive the same details and the trademarkSKIDROW will be treated as if it was filed in that particular country directly.

Are there any advantages of filing under the Madrid Protocol?

A few of them are listed out:-

  1. Common date of renewal for all the trademarks.
  2. Amendments to the marks will pass through the IB, hence records are maintained facilitating easier audits.
  3. Costs are comparatively lesser.
Are there any advantages of filing under the Madrid Protocol?

A few of them are listed out:-

  • Common date of renewal for all the trademarks.
  • Amendments to the marks will pass through the IB, hence records are maintained facilitating easier audits.
  • Costs are comparatively lesser.
How does one register a trademark under the Madrid Protocol?
  1. ApplicationThe trademark must be registered or at least applied for with the Indian Trademark Office in order for it to be eligible for filing under the Madrid Protocol. The Indian Trademark Office will then certify that the details in the international application are the same as those in the basic application/registration. The date on which the international application was filed is also to be made note of and then the application is forwarded to the WIPO.
  2. WIPO ExaminationThe WIPO, on receiving the application, then conducts a formal examination in order to verify the compliance of the application with the statutory requirements. On the observation of any irregularities found, the necessary changes for the same need to be done within three months. If it is not remedied within the stipulated time, the application stands “Abandoned”.
  3. WIPO PublicationIf all the steps until this point are correctly done, the application is recorded in the International Register and published in the WIPO Gazette of International Marks. A certificate of International Registration will be sent to the applicant by the WIPO. Further, the WIPO will notify all the other trademark offices of the fact that the applicant has chosen to extend the protection of that particular mark.
  4. Examination by the Trademark Office of the Designated Country The Trademark Office of the Designated Country further examines the application for verification with the applicable laws as per that particular country. Within 12-18 months, the acceptance or refusal of the application will be conveyed to the WIPO, who in turn will inform the applicant about the decision of the trademark office of the Designated Country.
  5. Advertisement and RegistrationThe mark will then be advertised in the Indian Trademarks Journal where it shall be open to third party opposition for a period of 4 months. In the absence of any opposition after the period of 4 months, the protection for the trademark will be granted by the Indian Trademarks Registry.
Can the Madrid Protocol application be amended and renewed?
  1. The application with respect to those that are designating India need to be made only at WIPO, who in turn will notify the Indian Trademark Office. Any amendment to be made in the application can be made by filing a single application at WIPO which will be reflected in all the other designating countries.

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Partnership Firm Registration

Following details are required in a partnership deed:

  1. General Details:
  2. Name and address of the firm and all the partners
  3. Nature of business
  4. Date of starting of business Capital to be contributed by each partner
  5. Capital to be contributed by each partner
  6. Profit/loss sharing ratio among the partners
  7. Specific Details:

Apart from these, certain specific clauses may also be mentioned to avoid any conflict at a later stage:

  1. Interest on capital invested, drawings by partners or any loans provided by partners to firm
  2. Salaries, commissions or any other amount to be payable to partners
  3. Rights of each partner, including additional rights to be enjoyed by the active partners
  4. Duties and obligations of all partners
  5. Adjustments or processes to be followed on account of retirement or death of a partner or dissolution of firm.
  6. Other clauses as partners may decide by mutual discussion

Frequently Asked Questions on Partnership Firms registration

How much time does it take to register a partnership?

The registration of Partnership Firm in India can take up to 12 to 14 working days. However, the time taken to issue a certificate of incorporation may vary as per the regulations of the concerned state. The registration of Partnership Firm is subject to Government processing time which varies for each State.

Are there any grounds on which my partnership can be invalid?

Often, if the partnership agreement is not registered, the court may deem a partnership invalid. If the object of the business is illegal, the court may consider the partnership invalid and dissolve the partnership.

If all partners wish to end the partnership, how can they do so?

If the partners of a firm wish to end the partnership, they can do so by dissolving the partnership by notice, if it is a partnership of will. A partnership can be dissolved in accordance with the terms laid out in the Partnership Deed, or they can do so creating a separate agreement.

Can my certificate of registration be cancelled?

In a certain sense, a partnership certification of incorporation can be revoked, this often termed as dissolution. A dissolution can be brought upon automatically when all partners or all partners except one partner are declared insolvent or if the firm is carrying unlawful activities, i.e. like trading in drugs or other illegal products, corporate malpractice or making business engagements with countries that may harm the interest of India.

What is the scope of liability when it comes to partnerships?

Every partner is jointly liable with all the other partners and also individually, for all acts/activities of the firm, during the course of business while he/she is a partner. This means that if a loss or injury is caused to any third party or a penalty is levied during the course of business all partners will be held liable even if the injury or loss was caused by one of the partners.

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MSME Registration

Udyog Aadhaar memorandum

Aadhaar card is a 12 digit number given to all individuals by the government. In this, the Aadhaar card is a mandatory requirement. The benefit of registering in this scheme is ease in availing credit, loans, and subsidies from the government. Registration can be done both ways in the online mode or the offline mode.

Women Entrepreneurship:

This scheme is especially started for women who want to start their own business. The government provides capital, counseling, training and delivery techniques to these women so that they manage their business and expand it.

The government has launched a number of more schemes and support system for these enterprises. To know more about the MSME schemes.

Documents Required for MSME Registration

The entity has to submit documents like business address proof, copies of purchase and sale bill, and licenses from regulatory bodies.

  • Business Address Proof
  • Copies of Sale Bill and Purchase Bill
  • Partnership Deed/ MoA and AoA
  • Copy of Licenses and Bills of Machinery Purchased

Frequently Asked Questions on MSME registration

Is MSME updated to Udyog Aadhar?

Yes, MSME registration has been replaced with the Udyog Aadhar registration. If any micro, small and medium industries want to start any business; they need to do the registration with MSME/Udyog Aadhar. This registration with MSME/Udyog Aadhar can be done in two ways online and offline. This facility provides the business with a lot of benefits and subsidies.

Is Aadhaar card compulsory?

A. Yes. For registration under the Udyog Aadhar scheme, aadhaar card is compulsory. In case an applicant is other than the proprietor, the Aadhar card of the partner and the director will be required.

Can existing and new businesses both apply?

Yes, an existing and new business can apply for MSME/Udyog Aadhar registration. Provided the existing unit is functioning and meets the threshold limits for registration.

What is the validity of the certificate?

There is no expiry of the Udyog Aadhar Certificate. As long as the entity is ethical and financially healthy there will be no expiry of the certificate.

Can trading companies register under MSME?

No. MSME covers only manufacturing and service industries. Trading companies are not covered by the scheme. MSME is to support startups with subsidies and benefits, trading companies are just like middlemen, a link between manufacturer and customer. Hence not covered under the scheme.

Do I need multiple registrations for manufacturing plants in different cities?

No. The MSME/Udyog Aadhar certificate is for a single entity irrespective of multiple branches or plants. However, information about multiple branches or plants must be furnished.

What are the activities specifically excluded from coverage under MSME?

Ministry of Micro, Small and Medium Enterprises (MSME) has clarified as per notification S.O 2576 (E) dated 18.09.2015 and subsequent notification no S.O 85(E) dated 10.1.2017, activities that would be specifically not included in the manufacturing or production of commodities or rendering of services as per Section 7 of the said Act.

  1. Forest and Logging
  2. Fishing and aquaculture
  3. Wholesale, retail trade and repair of motor vehicle and motorcycles
  4. Wholesale trade except for motor vehicles and motorcycles.
  5. Retail Trade Except of Motor Vehicles and motor cycles
  6. Activities of households as employees for domestic personnel
  7. Undifferentiated goods and services producing activities of private households for own
  8. Activities of extraterritorial organisations and bodies

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PF & ESI Registration

Entities covered under ESIC

As per the government notification dated Sec 1(5) of the ESI Act the following entities are covered:

  1. Shops
  2. Restaurants or Hotels only engaged in sales.
  3. Cinemas
  4. Road Motor Transport Establishments;
  5. Newspaper establishments (which is not covered under the factory act)
  6. Private Educational Institutions

What are the documents required for ESIC Registration

The documents required for the registration are –

  1. A registration certificate obtained either under the:
  2. Factories Act
  3. Shops and Establishment Act
  4. Certificate of Registration in case of Company, and Partnership deed in case of a Partnership
  5. Memorandum of Association and Articles of Association of the Company
  6. A list of all the employees working in the Establishment
  7. PAN Card of the Business Entity as well as all the Employees working under the entity
  8. The compensation details of all the employees
  9. A cancelled cheque of the Bank Account of the Company
  10. List of Directors of the Company
  11. List of the Shareholders of the Company
  12. Register containing the attendance of the employees

After collecting all the above-mentioned documents the following procedure is to be followed for the registration of the ESI:

  1. Form No – 1 (Employers Registration Form) is to be downloaded and filled.
  2. After downloading the PDF version of the form and filling it, it has to be submitted on the website itself along with the above-mentioned documents.

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PF Monthly Return

Provident fund is a social security system that was introduced for the purpose of encouraging savings among employees, so as to benefit them during the course of their retirement. Contributions are made by the employer and the employee on a monthly basis. PF contributions can only be withdrawn by the employee at the time of his/her retirement, barring a few exceptions. All employers having PF registration are responsible to file returns on a monthly basis. The filing of returns must be completed by the 25th of each month. This article deals with the filing of provident fund returns, and the various forms through which the purpose must be fulfilled

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ESI Monthly Return

Registration and Filing of Returns

An employer who is eligible to be registered as per the Employee State Insurance Act 1948 (“Act”) must do so by abiding by the following steps:
– An employer needs to keep all documents ready for reference.
– Next, an employer must file Form 1, which is available in PDF format on the ESIC website.
ESIC will verify all the details and issue a 17 digit unique number. This unique number is required for all filings.
– Every employee will receive an ESI card post submission of the form stating all details by the employer.

The documents required for registration are :

  • PAN card of the business.
  • Address proof of business.
  • The license obtained under Shop and Establishment Act or Factories Act.
  • Basic documents required as per the nature of entity – Articles of Association, Memorandum in case of a company, partnership deed in case of a partnership and Limited Liability Partnership.
  • Details of all directors, partners, and shareholders.
  • Details of all employees along with their salary information.
  • Bank details.

On successful registration of the establishment, returns can be filed online by the employer.
To file ESI returns online, the employer must follow the below-mentioned procedure:

– The login credentials will be available once registered. The same will be required for the online filing of returns.

– Once the login credentials are available, the employer must log in to the official website that is www.esic.nic.in

– Once he is able to login using the credentials, there is a list of actions that are available. For instance, modify employee details, report an accident and so on.

– To file the return, the employer must first verify if all the employee details are up to date and then file the return.

– The employer must then fill the bank details and submit them to file the returns.

– After that, the employer can go to the ‘List of Actions’ and ‘Generate Challan’.

– The challan must be downloaded and documented for future reference and inspections.

The website also offers various actions that the employer can take like modify employee details, report accidents, add new employees, and so on.

The contributions towards employee state insurance is very beneficial to employees, and hence the provisions for nonpayment or delayed payment are very stringent.

The half-yearly return of ESIC for the period April to September is due by 12 November, and October to March is due by 12 May.

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Import Export Code

Documents required for IEC (Import Export Code) Registration

For IEC Code Registration following documents are required:

  • Individual’s or Firm’s or Company’s copy of PAN Card
  • Individual’s voter id or Aadhar card or passport copy
  • Individual’s or company’s or firm’s cancel cheque copy of current bank account
  • Copy of Rent Agreement or Electricity Bill Copy of the premise

Benefits of IEC Registration

Expansion of Business

IEC assists you in taking your services or product to the global market and grow your businesses.

Availing Several Benefits

The Companies could avail several benefits of their imports/ exports from the DGFT, Export Promotion Council, Customs, etc., on the basis of their IEC registration.

No Filling of returns

IEC does not require the filing of any returns. Once allotted, there isn’t any requirement to follow any sort of processes for sustaining its validity. Even for export transactions, there isn’t any requirement for filing any returns with DGFT.

Easy Processing

It is fairly easy to obtain IEC code from the DGFT within a period of 10 to 15 days after submitting the application. There isn’t any need to provide proof of any export or import for getting IEC code.

No need for renewal

IEC code is effective for the lifetime of an entity and requires no renewal. After it is obtained, it could be used by an entity against all export and import transactions.

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Trust / Socity Registration

Following are the documents required for the Society Registration in India:

  1. PAN Card of all the members of the proposed society has to be submitted along with the application.
  2. The Residence Proof of all the members of the society also has to be submitted. The following can be used as a valid residence proof:
  • Bank Statement
  • Aadhaar Card
  • Utility Bill
  • Driving License
  • Passport

3.Memorandum of Association has to be prepared which will contain the following clauses and information:

  • The work and the objectives of the society for which it is being established
  • The details of the members forming the society
  • It will contain the address of the registered office of the society
  1. Rules & Regulations of the Societyalso have to be prepared which will contain the following information:
  • Rules and regulations by which the working of the society will be governed and the maintenance of day to day activities
  • It will contain the rules for taking the membership of the society
  • The details about the meetings of the society and the frequency with which they are going to be held is to be mentioned
  • Information about the Auditors
  • Forms of Arbitration in case of any dispute between the members of the society
  • Ways for the dissolution of the society will also be mentioned

Once the rules have been formed, they can be changed but the new set of rules will be signed by the President, Chairman, Vice President and the Secretary of the Society.

  1. covering letter  mentioning the objective or the purpose for which the society is being formed will be annexed to the beginning of the application. It will be signed by all the founding members of the society.
  2. A copy of the proof of address where the registered office of the society will be located along with a NOC from the landlord if any has to be attached.
  3. list of all the members of the governing body has to be given along with their signatures.
  4. declaration has to be given by the president of the proposed society that he is willing and competent to hold the said post.

All the above documents have to be submitted to the Registrar of Societies along with the requisite fees in 2 copies. On receiving the application, the registrar will sign the first copy as acknowledgment and return it while keeping the second copy for approval. On proper vetting of the documents, the registrar will issue an Incorporation Certificate by allotting a registration number to it.  

The signed Rules & Regulations, as well as Memorandum, has to be filed with concerned society or registrar of state with a mentioned fee. If the registrar is fulfilled with society registration application, then they will certify that the society is registered.

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