Licences And Registration

SOLE REGISTRATION FIRM

What is a Sole Proprietorship?

A Sole Proprietorship Firm is an entity that’s owned, controlled and managed by a single person, who is additionally referred to as the Proprietor. There’s no legal distinction between the Owner and the Proprietorship Firm, in a Proprietorship.

For a Proprietorship, there’s no specific type of registration. Thus it is identified by other types of registrations such as MSME, GST, etc. to name a few. Also, there’s an unlimited liability in Sole Proprietorship aka Sole Trader Registration.

Who is a Sole Proprietor?

A Proprietor is a living person who is the owner of a Sole Proprietorship business. A Proprietor must be a living person and can’t be a company or legal entity. The Proprietor and Sole Proprietorship are one and therefore the same under the eyes of the law. Hence, in an exceedingly Proprietorship, the PAN and documents of the Proprietor are vital for obtaining all other business registrations and licenses. In case of any issues or liability in the Sole Proprietorship business, the sole proprietor is held personally responsible for the liability.

Documents required for proprietorship registration

  1. Know Your Customer (KYC) of Applicant:
    1. Firm Address Proof: Electricity Bills copy or gas bill or telephone bill, etc. (No issues if it’s on other names)
  2. For the GST Additional:
    1. Pan Card + Aadhar Card or Voter or Driving license or Passport etc
    2. Passport Size Photograph of the applicant.
    3. Cancelled Cheque of the Personal Bank Account or Statement of the Bank or Front Page of the Passbook (anyone).

Benefits of a sole proprietorship

Following are the Benefits of a Sole Proprietorship Firm :

  1. Easy to start: A sole proprietorship is easy to start out because it requires only simple registrations like GST and MSME. Also, only simple documents are required like PAN Card, Aadhaar Card, etc. along with Proof of Address. Due to this fact, a Sole Proprietorship is often started effectively within 1 Day.
  2. Inexpensive: One of the main reasons why small traders and merchants choose Proprietorship is because it is economical.
  3. Minimal Compliance: Unlike other legal entities like One Person Company (OPC) or LLP etc. there are no annual compliances in Proprietorships. Due to this, it is one of the most common forms of business in India, utilized by small traders and merchants, especially those operating in the unorganized sectors.
  4. Easy Winding-up: In Proprietorship, the business and the owner are considered as one and not a separate entity, so there’s no special winding-up process compared to other entities. The winding-up of the Proprietorship is easy and the only requirement is the cancellation of tax registrations, if any, for example, GST registration.

Disadvantages of a Sole Proprietorship

Starting a Proprietorship is extremely easy. A Proprietorship doesn’t offer the Proprietor any advantages like that of a separate legal entity, limited liability proprietorship, corporate status, transferability, and perpetual existence – which are desirable features for any business.

  1. Separate Legal Entity: A Sole Proprietorship doesn’t have a separate legal entity. Hence, opening a bank current account in the name of business results in a lengthier process for a proprietorship in comparison to a company or LLP.
  2. Limited Liability Protection: A Sole Proprietorship doesn’t provide the Proprietor with limited liability protection. Hence, just in case any loss or liability is made by the Proprietorship business, the Proprietor would be held personally responsible for payment
  3. Transferability: The PAN of the Proprietor is linked to a Proprietorship business. Hence, any license or registration obtained within the name of the Proprietorship can’t be transferred to the other person.
  4. Perpetual Existence: A Sole Proprietorship business and also the Proprietor are one and the same. Hence, the existence of the sole Proprietorship is tied to the Proprietor. In case the sole Proprietor isn’t anymore – the existence of the sole Proprietorship business would also end

Common Registrations for a Proprietorship

The identity of a Sole Proprietorship is established through various registrations and licenses, here are some of the common registrations that are obtained for a Proprietorship:

  1. MSME Registration: MSME or Udyog Aadhaar registration may be obtained within the name of the business to ascertain that the Sole Proprietorship is registered under the Ministry of Micro, Small and Medium Enterprises.
  2. TAN Registration: TAN Registration must be obtained from the income tax department for the Proprietor, if the Proprietor is making salary payments wherein a TDS deduction is required.
  3. GST Registration: GST registration has to be obtained if the Proprietor is selling goods or services that are above the GST turnover threshold limit for registration. In most states, GST registration is required for service providers having annual revenue of over Rs.20 lakhs and in the case of traders – annual revenue of over Rs.40 lakhs.
  4. Import Export Code: Import Export Code or IE Code are often obtained from the DGFT within the name of the business – in case of a Proprietorship business undertaking export and/or import of goods into India

FSSAI Registration: If the Proprietorship is involved in selling or handling the food products, FSSAI registration has to be obtained from the Food Safety and Standard Authority of India in the name of the Proprietor

GENERAL PARTNERSHIP FIRM REGISTRATION

A Partnership Firm registration is governed by ‘The Partnership Act 1932’ and involves two or more Individuals who enter into an agreement called “partnership deed” to hold on a specified business. Unregistered Partnerships involve no separate registration and may be formed easily with lesser legal compliance compared to other corporate entities. Although registration of a partnership firm is optional, the partners may choose the registration which provides a legal edge over the unregistered partnership

Types Of Partnerships

There are two kinds of Partnership, registered Partnership and unregistered Partnership. In terms of the Indian Partnership Act, 1932, (Act), the only criterion to commence business as a partnership is the finalisation and execution of a Partnership Deed between the Partners. The Act doesn’t require the Partnership Deed/Partnership Firm to be registered and in other words, doesn’t require the Partnership Firm to be a registered Firm. Thus for the reason, various partnership businesses exist as unregistered firms.

There aren’t any penalties for non-registration of a partnership firm, and a partnership firm can even be registered after formation. However, unregistered partnership firms have certain rights denied in Section 69 of the Partnership Act, which deals with the consequences of the non-registration of a partnership firm.

Some of the disadvantages of an unregistered firm are:

  1. Any partner of an unregistered firm is not authorized to file a suit in any court against the firm or other partners for the enforcement of any right arising from a contract or right conferred under the Partnership Act.
  2. No suit to enforce a right arising from an agreement is to be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered.
  3. An unregistered firm or any of its partners cannot claim set-off or other proceedings during a dispute with a 3rd party.

Difference Between LLP & Partnership

  1. Cost: The price for registration of LLP is generally more than the price for registration of a partnership firm.
  2. Authority: LLPs are registered in India under the Ministry of Corporate Affairs (MCA), governed by the Central Government. Partnership firms are registered with the Registrar of Firms, Controlled by the respective government during which the firm is registered.
  3. Limited Liability Protection: the most advantage of a limited liability Partnership over a conventional partnership firm is that in an LLP, one partner isn’t responsible or accountable for another partner’s misconduct or negligence.
  4. Number of Partners: LLPs and Partnership Firms must compulsorily have a minimum of two partners to be registered. Post incorporation, an LLP can have unlimited partners. In the case of a Partnership Firm, if the number of partners at any time reduces below the mandatory minimum of two because of death, incapacitation or resignation of a Partner, the partnership firm would stand dissolved. On the other hand, just in the case of an LLP, if the number of Partners reduces below 2, the sole Partner can still find a replacement Partner to fill the position without dissolution of the LLP.

Features of Partnership Firm

  1. Easy Formation: A partnership firm registration can be easily initiated by the partners by entering into a Partnership Deed which is a well-drafted agreement and defines the responsibilities and liabilities of all the partners
  2. Ease of Compliance: A partnership firm is not compulsorily required to be registered under any law. Hence, there are lesser compliances which are required to be complied with during the normal course of business.
  3. Unlimited Liability of Partners: Each partner is personally responsible for the losses of a partnership firm, which may be a concern in partnerships since every partner is responsible for the acts of the other partner.
  4. Contractual Relationship: A Partnership is formed through an agreement among the partners. A written agreement serves as a primary record of the terms and conditions of a partnership and thus, a Partnership is formed through an agreement among the partners.

Requirements of partnership form registration

  1. Eligibility Criteria: Minimum 2 Partners
  2. Documents Criteria:
    1. Any 2 documents from the below can be submitted as Documentary Proof of Identity and address of the Partners:
      1. PAN Card
      2. Passport
      3. Driver’s License
      4. Aadhar Card
      5. Voters ID
    2. For the Nature of Business and Purpose of the proposed Partnership for which Proof of the principal place of business is required with the help of the following documents:
      1. Sale deed in case one of the Partner owns the place of business
      2. Rental agreement in case the premises are rented
      3. latest electricity bill or water bill or property tax receipt (copies)
    3. For Nature of Business the basis of a Mutually agreed condition which Partnership deed is made.

Advantages of a Partnership Firm

  1. Easy Formation: Registration isn’t compulsory in the Partnership firm’s case. It may be formed with no legal formality and expenses. Thus, they’re simple and economical to create and operate.
  2. Better Management: The business of a partnership firm is incredibly well managed by all the partners as they take interest in the daily affairs of the business due to the ownership, profit and control.
  3. Sharing of Risk: In partnership, every partner bears the risks individually because it is simpler compared to a sole proprietorship. In an exceeding partnership firm interest of each partner is protected against any fraud.

Disadvantages of a Partnership Firm

  1. Instability: A partnership firm doesn’t exist for an indefinite period of time. The death, insolvency or lunacy of a partner may cause the dissolution of the partnership firm.
  2. Unlimited Liability: The liability of each partner in an exceedingly partnership firm is unlimited as any of the partners could also be called upon to pay all the debts even from its personal properties.
  3. imited Capital: Because of the restriction on the maximum number of members, a limited amount of capital is often raised.
  4. No legal status: A partnership firm doesn’t have a legal status like a Joint Stock Company

In an exceedingly partnership firm it’s tough to transfer ownership. Consent of each partner is required so as to transfer ownership

PRIVATE LIMITED COMPANY

As part of the Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the existing SPICe form. The process for incorporating a corporation has been changed and simplified by the Ministry of Corporate Affairs. Users may either choose to submit Part-A for reserving a name first and thereafter submit Part B for incorporation & other services or file Part A and B together at one go for incorporating a new company and availing the bouquet of services.

Prerequisites for registering a private limited company

To register a private limited company, a minimum of two adult persons are required to act as Directors of the company. A private limited company must have a minimum of 2 Directors and can have a maximum of 15 directors. One of the directors of a private limited company has to be an Indian Citizen and Indian Resident. The other director(s) can be a Foreign National. Two persons are also required to act as shareholders of a company. The shareholders can be natural persons or an artificial legal entity. Hence, a company can be owned by two corporates, which are domiciled in India or abroad.

Documents required for private company registration

  1. The proposed directors of a company would require to submit the subsequent documents as identity evidence while registering a Private Limited Company:
    1. Permanent Account Number (PAN) for Indian Nationals.
    2. Passport for Foreign Nationals.
  2. The following proof of address documents are required to be submitted by the Directors:
    1. In the case of Indian Nationals, documents such as Passport or Election ID or Ration Card or Aadhaar ID or Driver’s License are required to be submitted.
    2. However, in the case of Foreign Nationals, documents such as Residence Card or Bank statements, Passports or Driver’s Licenses are required to be submitted
  3. The following proof of residence documents (not older than 2 months) must be submitted by the proposed Directors:
    1. Indian Nationals are required to submit the documents such as a Bank Statement or Electricity or telephone bill which has their residence details mentioned.
    2. Foreign Nationals are required to submit documents such as a Bank Statement or Electricity or telephone bill.
  4. If a company’s shareholder is located in India or abroad, the following are the documents that are essential to be submitted:
    1. Company’s address proof.
    2. Company Incorporation Certificate.
    3. Board Resolution authorizing investment in the company.

Private company registration procedure
SPICe+ [Part A]

Name reservation

The process for incorporating a corporation has been changed and simplified by the Ministry of Corporate Affairs. Users may either choose to submit Part-A (Spice+) for reserving a name. A company has to take name approval from the Ministry of Corporate Affairs for the proposed names. In case names gets rejected, resubmission of applications for company name reservation shall also be handled through the application number/Name applied for link on the new dashboard. A hyperlink will be available for the SRN/application number, so as to enable easy resubmission, wherever. The appointed authority will then search

The necessary guidelines, one needs to adhere to while deciding on a name for the company are as follows:

  1. The name must be easy to spell and remember.
  2. The name should be short and simple.
  3. The name should not contain any word that breaches the public policy or which is prohibited.
  4. The proposed name should not infringe any registered Trademark.
  5. The name should not be identical or equivalent to any existing registered company or LLP.

The Digital Signature Certificate

A company is required to obtain a Digital Signature Certificate (DSC) for the proposed Directors of the company, which is required at the time of signing the SPICE+ eForm. The process of obtaining the Digital Signature can simultaneously be done while applying for company name approval. It is to be noted that the Digital Signature is not required while the company is in the process of obtaining name approval. It takes approximately 1 business day for obtaining a Digital Signature. An Spice+ Part B (e-MOA and e-AOA) are necessary to be filed by affixing Digital Signature Certificates (DSC).

The Director Identification Number

Obtaining the Director Identification Number (DIN) is the most important step to be performed in the process of incorporating of company. DIN is a unique identification number which is assigned by the Ministry of Corporate Affairs. The Director Identification Number is valid for lifetime unless it is surrendered or withdrawn. The Director Identification Number is required during the company incorporation procedure

SPICe+ [Part B]

Incorporation Application

As part of the Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the existing SPICe form.

Corporate Affairs, Ministry of Labour & Department of Revenue in the Ministry of Finance) and One State Govt.(Maharashtra), thereby saving as many procedures, time and costs for Starting a Business in India and would be applicable for all new company incorporations w.e.f 15th February 2020

Incorporation Application

  1. Incorporation
  2. DIN allotment
  3. DIN allotment
  4. Mandatory issue of TAN
  5. Mandatory issue of EPFO registration
  6. Mandatory issue of ESIC registration
  7. Mandatory issue of Profession Tax registration (Maharashtra)
  8. Mandatory Opening of Bank Account for the Company and
  9. Allotment of GSTIN (if so applied for)

Users may either choose to submit Part-A for reserving a name first and thereafter submit Part B for incorporation & other services or file Part A and B together at one go for incorporating a new company and availing the bouquet of services as above.

Declaration by all Subscribers and first Directors in INC-9 shall be autogenerated in pdf format and would have to be submitted only in electronic form in all cases, except where:

  1. Total number of subscribers and/or directors is greater than 20 and/or
  2. Any such subscribers and/or directors has neither DIN nor PAN.

ONE PERSON COMPANY

A sole proprietorship firm allows a single person to conduct business. However, it was a very disorganized kind of company. To address this deficiency, the Companies Act of 2013 established a completely new business incorporation method that not only provides the freedom of a company but also limits the liabilities that Partnerships or Sole Proprietorships do not. The concept of a ONE Person Company is not new in countries such as the United States, Australia, China, and Singapore.

We have years of experience assisting clients with OPC registration as a reputed firm of Chartered Accountants in Delhi. We stay in touch with you throughout the process, from the time you inquire until the time you submit your paperwork online.

LIMITED LIABILITY PARTNERSHIP

A Limited Liability Partnership or an LLP is a legal entity which is registered under the Limited Liability Partnership Act, 2008. In a traditional Partnership, the liability is unlimited. In contrast, in LLP the liability is limited. It acts as a middle ground between a Company and a Partnership as it gives you the advantages of a Company with the flexibility of a Partnership.

An LLP is registered as per the guidelines of the Ministry of Corporate Affairs MCA. Recently, it has become one of the most preferred forms of legal entity in India.

Benefits of LLP in India

  1. Limited liability of its partners.
  2. Separate legal existence similar to companies.
  3. Low cost of formation in comparison to Private Ltd. Company.
  4. Lesser number of compliances compared to companies.
  5. No formal Audit is necessary if the capital contribution is below Rs. 25 lacs and annual turnover is below Rs. 40 lacs.

Non-resident Indian & Foreign Ownership of LLP

Post changes to FDI regulations on 10th, November 2015, 100% FDI in LLP is permitted under the automatic route. In most sectors, 100% FDI in LLP is allowed through the automated route, and there aren’t any FDI-linked performance conditions. In addition, LLPs will also be permitted to make downstream investments in another company or LLP in sectors in which 100% FDI is allowed under the automatic route.

Documents required for LLP Registration

  1. ID Proof: PAN Card of all partners along with Voter ID/ Passport/ Driving License.
  2. Address Proof: Latest Bank statement/ Electricity Bill/ Telephone Bill/ Mobile Bill not older than two months.
  3. Photo: Latest Passport Size Photograph.
  4. Registered Office Proof: Bills such as Utility bills (must not be older than 2 months) in conjunction with Notarized Rent agreement (in case of rented property)/ Registry Proof or No Objection Certificate (NOC), House Tax Receipt (in case of owned property) from the owner.

Detailed LLP Registration Process in India

  1. Arrange the required documents
  2. Obtain DSC (Digital Signature Certificate).
  3. LLP Name Approval and Verification.
  4. Filing of Documents for incorporation with ROC.
  5. Drafting and Filing of LLP Agreement.

Minimum requirements for online LLP registration in India

  1. Minimum 2 Partners. There is no limit on the maximum number of partners in an LLP.
  2. Minimum 1 Designated Partner must be a Resident of India.
  3. DSC is mandatory for all the Partners.
  4. Office Address Proof of LLP. The registered office need not have a commercial space. Even a rented place can be treated as the registered office (if you have the NOC from the Landlord of the premises).

Factors to consider while picking a name for your LLP

  1. The name should have the words ‘LLP’ at its end.
  2. The name must be distinctive and unique
  3. The name should be suggestive of the LLP’s business.
  4. The name should be as per the guidelines of MCA.

Difference Between LLP & Company

  1. Registration Process: Private Ltd. Company registration process and also the LLP registration process is very similar with some differences within the documents and forms filed for incorporation.
  2. Cost: The price for the incorporation of a private Ltd. or an LLP is the same
  3. Features: Both LLP and private Ltd. company offer many identical features. LLP and private Ltd. are both distinct legal entities and have assets and liabilities that are distinct from that of the promoters. LLP and private Ltd. companies both can be transferred, though a private Ltd. company is much more flexible when it comes to transferring or sharing ownership.
  4. Fundraising: A Private Ltd. company can raise the funds from Private Equity Funds, Angel Investors, Venture Capitals, banks and NBFCs. whereas; an LLP can raise funds from Partners, Banks and NBFCs

Due to the above differences, start-ups who want to fund from VCs prefer Private Limited Company. If you have no such requirements, then you should go for LLP incorporation.

Difference Between LLP & Partnership Firm

  1. Cost: The price for registration of LLP is generally more than the price for registration of a partnership firm.
  2. Authority: Limited Liability Partnerships (LLPs) are registered in India under the Ministry of Corporate Affairs (MCA), Central Government. Partnership firms are registered with the Registrar of Firms, controlled by the respective government within which the firm is registered.
  3. Limited Liability Protection: The main advantage of a Limited Liability Partnership over a traditional partnership firm is that in a LLP, one partner is not responsible or liable for another partner’s misconduct or negligence.

PROFESSIONAL TAX

What is Professional Tax?

Profession tax is the tax levied and collected by the state federation in India. Professional tax is a kind of indirect tax, the person who earns income from salary or as a practising professional (chartered accountant, company secretary, lawyer, doctor) is required to pay this professional tax. Rates and methods of collection differ from state to state. In India, professional tax enforcing every month. However, not all states impose this tax.

Business owners, working individuals, merchants and people carrying out various activities come under the recognition of this tax.

Why does Professional tax vary from person to person?

Since professional tax is levied by the government and specifically by the state government, it tends to differ for various states. Each state declares a slab and therefore the professional tax is deducted on the premise of those slabs. However, there are few states and union territories in India that don’t charge professional tax too. it is paid by dividing the annual professional tax due into 12 equal instalments, which are to be paid each month. February, as a month, is an exception where the tax is more than the other months.

There could be situations where sources of income falling under different sectors also are accountable for a separate tax. To cite an instance, in some states, an individual running a business in the transport industry could be susceptible to pay a professional tax of about Rs. 50 per year for each vehicle he owns. This could be subject to a cap of Rs. 1,000 per year

Who collects this tax?

Employers collect a definite amount as professional tax from the monthly salaries of their employees. This portion is then paid by the employer to the govt. In case they fail in doing so, they’ll be subject to penalties for not collecting or failing to pay the professional tax. Also, if you are doing it for anyone, then you’re susceptible to pay the professional tax yourself.

If you’re a professional who doesn’t work with an employer, you’ll pay your professional tax by registering for it by applying through a form. Once you receive the form, a registration number will accordingly be issued to the individual. Payment of the professional tax will be made under these registration numbers at banks. It is important to note that, in some states, the govt provides rebates on the taxes if it is paid in lump sum for some of years together. This is done so it’s worth enquiring about the rules of professional tax in your state.

Exemptions from paying professional tax

Since professional tax is levied by the government and specifically by the state government, it tends to differ for various states. Each state declares a slab and therefore the professional tax is deducted on the premise of those slabs. However, there are few states and union territories in India that don’t charge professional tax too. it is paid by dividing the annual professional tax due into 12 equal instalments, which are to be paid each month. February, as a month, is an exception where the tax is more than the other months.

There could be situations where sources of income falling under different sectors also are accountable for a separate tax. To cite an instance, in some states, an individual running a business in the transport industry could be susceptible to pay a professional tax of about Rs. 50 per year for each vehicle he owns. This could be subject to a cap of Rs. 1,000 per year.

Documents required for professional tax registration

  1. Company charter documents (MOA & AOA)
  2. Place of business proof with ownership details
  3. Place of residence of all the directors with ownership proof
  4. Two photographs of the all the directors
  5. PAN of business and all the directors
  6. Cancelled cheque from company’s current account and director’s saving and current account.
  7. Shop and establishment certificate

Professional tax slabs in different states

Each state tends to have its own slab for professional taxes. Here is a list of the slabs for various states and union territories in India.

MAHARASHTRA

MONTHLY SALARY (in Rs.) TAX (PER MONTH IN RS.)
Up to 7,500 for men Nil
Up to 10,000 for women Nil
7,500 to 10,000 175
10,000 and above 200 (And 300 for February)

KARNATAKA

MONTHLY SALARY (in Rs.) TAX (PER MONTH IN RS.)
Up to 15,000 Nil
More than 15,000 200

WEST BENGAL

MONTHLY SALARY (in Rs.) TAX (PER MONTH IN RS.)
Up to 8,500 Nil
8,501 to 10,000 90
10,001 to 15,000 110
15,001 to 25000 130
25,001 to 40,000 150
More than 40,000 200

ODISHA

MONTHLY SALARY (in Rs.) TAX (PER MONTH IN RS.)
Up to 5,000 Nil
5,001 to 6000 30
6,001 to 8000 50
8,001 to 10,000 75
10,001 to 15,000 100
15,001 to 20,000 150
More than 20,000 200

GUJRAT

MONTHLY SALARY (in Rs.) TAX (PER MONTH IN RS.)
Up to 5,999 Nil
6,000 to 8999 80
9000 to 11,999 150
More than 12,000 200

TRADEMARK

A trademark refers to a symbol, word, or word that is legally registered or established by use as representing an organization or product within India. Registering a trademark is an important step in forging an identity for your business. Not only does it improve brand recognizance, but it prevents other companies from using your logo in a very deceptive way.

By having an attorney register a trademark for you with the Indian Patent and Trademark Office (IPTO), you will establish your rights as the legal owner of the mark, which will protect it from getting used by others in an unauthorized manner.

Why trademark your logo or name or brand?

  1. Customer Recognizance: One of the most important reasons to trademark your brand name is so customers can find you. No matter what industry you’re in, the markets are crowded. This makes it more difficult for customers to find you online or in retail locations. With a trademark, your business, services, and products stand out. This builds a relationship, and reputation, and influences a customer’s final judgment.
  2. Social Media: If your business isn’t connected to social media, you should start immediately. Many consumers use social media to seek out information about your business rather than traditional search engines. With a trademark, they can find you. This gives you more traffic, higher search rankings, and more brand recognizance.
  3. Providing Value: Trademarks aren’t always valuable at first. This doesn’t always translate to a value in monetary terms, but a recognizable trademark is worth a lot more. It results in expansion possibilities and will encourage a bigger corporation to shop you out. You should also treat a trademark as an asset that can be sold, bought, or licensed.
  4. No Expiration: As long as you renew and continue to use the trademark at your business, there is no end date. This allows you to build the brand indefinitely.
  5. Low–Costs Asset: Compared to other business costs, a trademark is a bargain. It costs as little as to register your trademark with the Indian Patent and Trademark Office (IPTO). The trademark is additionally renewable at little cost.
  6. Better Hires: As a reputable and recognized company, it’s easier to find, attract, and keep employees. When candidates have strong feelings about the brand, they require work for your company. Many times, you’ll be able to keep them supported brand alone.
  7. Communication: A trademark isn’t always a word or words. It’s also an emblem or logo. If you’ve got a trademarked logo, it allows you to speak in other markets that do not speak a similar language. Nike’s famous swoosh logo gives it the ability to branch out without coming up with a new concept. With so many benefits, overlooking a trademark is disastrous. However, you need a lawyer to take care of the paperwork. The right trademark registration attorney provides these services.
  8. Research: Just because you have a logo that’s original doesn’t mean it is trademarked. A good trademark lawyer knows the way to research to envision if you indeed have a logo that’s appropriate for a trademark. Once the research is complete, they consult you on whether you ought to trademark and if the filing is going to be successful.
  9. Legal Counsel: The IP INDIA website could be a good start for trademark research. However, it’s by no means comprehensive. If you’ve got questions or concerns outside what the website teaches, it is best to consult a top trademark attorney. They have the knowledge and skill to answer your questions easily and professionally.
  10. Trademark Enforcement: If you have already got a trademark, it’s up to you to enforce it. If you think that a rival company is using your trademark fraudulently, a trademark lawyer can provide you with advice on what action to take.
  11. Accusation of Trademark Infringement: If another company accuses you of trademark infringement, it’s an uphill legal battle. That’s when you need an attorney that’s familiar with the topic. A trademark lawyer can analyze the letter and provides you with the most effective steps to take afterwards.
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How to find the best trademark registration attorney?

  1. Registering your trademark as soon as possible is vital. With the assistance of an attorney, you increase your chances of a successful filing by up to 50 percent. However, you would be required to search out the most effective trademark registration lawyer available. When you’re conducting your search, ensure the attorney has what you are looking for.
  2. Look for Experience: This is probably the foremost integral asset of a trademark lawyer. Experience in registering trademarks, working with the IP INDIA, enforcing trademarks, defending against infringement, and evaluating trademark searches is what that an attorney must have. Industry experience is a nice addition, although it’s not absolutely necessary.
  3. Do Your Research: Just because an attorney has experience in trademark law doesn’t automatically make them the perfect candidate. If you want evidence of their involvement in trademarks, always run the name through the Trademark Trial and Appeal Board. Located on the IP INDIA website, this search allows you to search for a particular lawyer. Only then are you 100 percent sure of their experience in the industry
  4. Find Out Which Services You Need: Trademark law involves more than just filing, registration, and disputes. There are several other topics that require an attorney’s advice. This includes:
    1. Application Preparation
    2. Trademark Clearance Searches
    3. Monitoring
    4. Counterfeit and Online Infringement
    5. Litigation
    6. Cancellation and Opposition Proceedings
    7. Trademark Renewal
    8. Portfolio Management
    9. Change of Ownership

Services

In order to properly register a trademark with the IP INDIA, a Counsel attorney must:

  1. Conduct a trademark look for similar trademarks, goods, or services : Before you file a trademark for your name of the company, logo, or slogan, your attorney will run a trademark search to make sure there’s no existing trademark with the same name and in a similar industry as yours. If you’re not sure what industry you would operate in, you should do a trademark search for your major competitors and see in what industries they have their trademarks registered.
  2. Determine the mark format: There are six types of mark formats:
    1. Products Mark – A product mark is similar to a trademark. The only difference is, it refers to trademarks related to products or goods and not services.
    2. Service Mark – A service mark is the same as a trademark, but instead of a particular product, it identifies and differentiates the source of a service
    3. Sound Marks – This is the type of format you would use for sounds which classify or symbolize the source of a good. One of the most famous examples of this would be the NBC chimes. In such cases, the sound may be regarded as a trademark and is eligible for registration.
    4. Collective Mark – These are the trademarks used by a group of companies and can be protected by the group collectively.
    5. Certification Mark – It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics.
    6. Shape Mark – According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods, their packaging, so long as it is possible to graphically represent the shape clearly.
  3. Determine the products and services industry for your mark: Every class number that you simply register your trademark under is basically like filing a brand-new trademark. This means that you will have to pay for every class number you register under.
  4. Identify the goods and service description for your mark: This description is intended to describe all of the products or services that you wish to be covered by the product. While you should be broad with the description, it should not be too broad or else the IP INDIA will ask you to rewrite it (which may be months after you filed the trademark).
  5. Fill out the online trademark application: After determining the availability of your trademark name, the class number, and description, your attorney can begin the process of filing an online application. This in itself is a multi-step process

Costs

  1. The number of Marks: only 1 mark could also be filed per trademark application. If you’ve got multiple marks, they require separate applications, each with its own filing fee.
  2. The number of Classes: You are required to pay for each class of goods and/or services within the application. For example, if your application is for one mark, but the mark is used on goods in two different classes, like computer software in class 9 and t-shirts in Class 25, then a filing fee for 2 classes is required before your application can be approved.

TRADE LICENSE

A Trade License place is compulsorily required for the place of business within a State, Corporation or Municipality and to be obtained from the concerned authorities i.e., state government or Corporation or Municipality for operating.

Rules and regulations with respect to trade license varies from state to state. Hence, to procure a trade license, the applicant must first understand the jurisdiction under which he/she is operating the business and also the applicable Act.

Important aspects concerning trade license

  1. Gumasta License: Trade license is known by different names in several parts of the country. For example, trade license is mentioned as Gumasta license within the state of Maharashtra.
  2. Application: Trade license application must be made to the concerned authorities i.e., state government or Corporation or Municipality.
  3. Verification: In some of the States, the trade license would be issued only after personal verification i.e., in-person from the concerned authorities. However, many states have also done away with the necessity.
  4. Processing Time: It normally takes 10 – 15 days as the processing time for trade application, subject to Government processing time. The certificate is available for downloading online post approval.
  5. Validity: Trade licenses are issued with a validity of 1 year in most of the states. Trade license is to be renewed at the end of the year by paying the prescribed renewal fee.

In most states, the application for grant or renewal of license is to be made to a Commissioner of the Corporation. Such application must be made within 30 days of commencing to operate a business. On applying with the specified information and documents, the concerned Officer will make sure that the business is suitable for the specific purpose used, there’s no possibility of danger or nuisance for any individual around and issue the license.

IMPORT AND EXPORT CODE

Import Export (IE) Code is simply a registration required for persons importing or exporting goods and services from India. An Import Export (IE) Code is issued by the Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industries, Government of India. IE Code application must be made to the Directorate General of Foreign Trade in conjunction with the mandatory supporting documents. As soon as, the application is submitted, the Directorate General of Foreign Trade (DGFT) will issue the Import Export (IE) Code for the entity in 15-20 working days or maybe less.

VALIDITY OF IE CODE

An Import Export (IE) Code registration is a permanent registration, which is valid for a lifetime. Hence, there’ll be no hassles for updating, filing and renewal of IE Code registration. It is valid until the business exists or the registration is revoked or surrendered.

As IE code registration is one-time and requires no additional compliance, It is highly recommended for all companies and LLPs to get IE code after incorporation.

IE CODE EXEMPTION

An Import Export Code is required for import of any kind of goods by a business. However, the following categories of persons are exempted from obtaining an IE Code:

  1. Importer and export by central Government or agencies or undertakings for defines purpose or other specified lists under Foreign Trade (exemption from the application of Rules in certain cases) Order, 1993.
  2. Import or Export of Goods for personal use.

APPLYING FOR IE CODE

Para 2.08 of the Handbook of Procedure contains provisions concerning the application for IE Code. Vide public notice no. 27/2015-2020 dated 8th August 2018, the said para under-went an amended and the provisions of the amended para as applicable with regard to the application for IEC is provided hereunder:

  1. Exporters/importers have to file a web or an online application in the given form ANF 2A.
  2. The applicant is required to submit only two documents; one is the address proof, and the other is the pre-printed cheque or bank certificate

Address Proof :

  1. Sale deed, just in case the business premises is self-owned; or
  2. Rental/lease agreement in case the premise is rented/leased; or
  3. Latest electricity/landline/ mobile bill within the name of the applicant entity; or
  4. GST registration certificate; or

In case of a proprietorship, the subsequent proof is valid:

  1. Aadhar card;
  2. Voters ID;
  3. Passport.

DOCUMENTS REQUIRED FOR IE CODE APPLICATION

BANK PROOF

It has been already clarified vide Trade Notice No. 39/2018-19 dated 12th December 2018 that a cheque without a pre-printed name of the account holder won’t be acceptable. Further, the pre-printed cheque will be of savings bank account or current bank account. It is to be noted that the above-referred documents ought to be uploaded online in digital format-GIF, JPEG and also the document size shouldn’t exceed 5MB.

IMPORT EXPORT CODE ISSUANCE

Once the web or the online application is submitted, together with appropriate fees and requisite documents, IEC are going to be auto-generated. Intimation regarding allotment of IEC is to be sent to an applicant via SMS and E-mail together with a hyperlink through which the e-IEC will be downloaded and printed. The IE Code certificate will only be provided digitally and might be downloaded from the link provided. An e-IEC holder must update his profile immediately after issuance of eIEC. Further, just in case of any change to the main points mentioned within the IEC or in any of the other case, the profile update has to be done for at least one time in a year, according to para 2.15 of the Handbook of Procedure, 2015-2020.

Though the import-export code is auto-generated, the Regional Authority would conduct post-verification of the web or the online IEC as per the rules . In case there’s any wrong/incomplete information being furnished, the applicant would be responsible for penal/criminal action and in such case, IEC would be either suspended or cancelled

RCMC REGISTRATION

Persons having import-export code can apply for and procure RCMC registration. RCMC is a Registration-Cum-Membership Certificate that authorizes an exporter handling product registered with an agency/organization that are authorized by the Indian Government. However, the certificate is issued for five years by the Export Promotional Councils (EPCs) or the commodity board in India. An exporter intending to obtain an RCMC is required to declare his mainstream business within the application. This application would be submitted to the Export Promotion Council/ Commodity Board regarding that line of business.

FSSAI REGISTRATION

The Food Safety & Standards Act, 2006 introduced for improvising the hygiene and quality of food has led to tremendous changes within the food industry. As per the Act, no one shall commence or persevere any food business except under a FSSAI license or FSSAI registration.

Therefore, any food manufacturing or processing or packaging or distributing entity is now required for procuring a FSSAI License or Registration.

FSSAI REGISTRATION REQUIREMENTS

FSSAI registration is compulsorily required for all the food business operator, irrespective of the size of their operations. Food business operator is any individual or entity who :

  1. manufactures or sells any food items by himself or any petty retailer, hawker, itinerant vendor, juice stall, sweetshops or temporary stall holder; or
  2. Any Hawker selling packaged food or freshly prepared food on a movable cart or by footing from one location to other
  3. Small scale business/industries or such other industries with reference to food business or small food businesses with an annual turnover not exceeding Rs. 12 lakhs and also whose:
    1. Production capacity of food (other than milk and milk products and meat and meat products) does ' t exceeds 100 kg/ltr per day or
    2. Procuring or handling and collection of the milk is up to Five-hundred (500) litres per day or
    3. Slaughtering capacity is two (2) large-sized animals or ten (10) smallsized animals or fifty (50) poultry birds per day or less
    4. Petty food business operators are required for procuring a FSSAI registration by submitting an application for registration in Form A.

FSSAI LICENSE

STATE

Any person or entity that does not classify as a petty food business operator is required for procuring a FSSAI license for operating a food business in India. There are two types of FSSAI license: State FSSAI License & Central FSSAI License. Based on the dimensions and nature of the business, the licensing authority would change. Some of the different kinds of entities that need FSSAI state license are :

  1. Hotels providing lodging services, meals and other guest services with up to 4 star rating.
  2. Restaurants and bars having turnover of up to Rs.20 crores per annum
  3. Club/Canteen caterers having turnover of up to Rs.20 crores per annum
  4. Food vending agencies having up to 100 vending machines in just 1 state
  5. Mid-day meal caterers having turnover of up to Rs.20 crores
  6. Mid-day meal canteens having turnover of over Rs.12 lakhs per annum
  7. Food product marketers with a turnover of up to Rs.20 crores per annum
  8. Food retailers with a turnover of up to Rs.20 crores per annum
  9. Food suppliers with a turnover of up to Rs.20 crores per annum
  10. Food product distributors with a turnover of up to Rs.20 crores per annum
  11. Food product wholesales with a turnover of up to Rs.30 crores per annum
  12. Food transporters having up to 100 vehicles and a turnover of up to Rs.30 crores per annum
  13. Dairy units processing over 500 litres of milk per day or 2.5 MT of milk solids per annum
  14. Vegetable oil processing units with turnover of over Rs.12 lakhs per annum
  15. Slaughter house processing over 50 poultry birds or 11 small animals or 3 large animals
  16. Meat processing unit with a capacity of over 500kg of meat per day or 150 MT of meat per annum
  17. All grains, cereals, pulses milling units with none of the limit on production capacity
  18. Food manufacturing or processing or packing unit with turnover of over Rs.12 lakhs per annum or production capacity of over 100kg or 100 liters per day
  19. Cold storage unit with turnover of over Rs.12 lakhs per annum
  20. Cold + Atmospheric Controlled Storage with turnover of over Rs.12 lakhs per annum
  21. Storage unit with turnover of over Rs.12 lakhs per annum

CENTRAL

Large-sized food manufacturers / transporters / processors and importers of food products compulsorily require central FSSAI license. some of the kinds of entities that need FSSAI central license are :

  1. Five-star hotels
  2. Restaurants with a turnover of over Rs.20 crores per annum
  3. Caterers with a turnover of over Rs.20 crores per annum
  4. Caterers with a turnover of over Rs.20 crores per annum
  6. Food product importers
  7. Food product exporters
  8. Selling food products through e-commerce
  9. Registered office of food business operators having operations in two or more state
  10. Food commercial activity in premises belonging to Central Government Agencies
  11. Departmental Canteens at the premises belonging to Central Government Institutions
  12. Food commercial activity in Airport or Seaport
  13. Food commercial activity in Railway Stations
  14. Food product marketers with turnover of over Rs.20 crores per annum
  15. Food product retailers with turnover of over Rs.20 crores per annum
  16. Food product suppliers with turnover of over Rs.20 crores per annum
  17. Food product distributors with turnover of over Rs.20 crores per annum
  18. Food product wholesalers with turnover of over Rs.30 crores per annum
  19. Food product transporters with turnover of over Rs.30 crores per annum and having over 100 vehicles
  20. Proprietary or novel food manufacturers
  21. Mid-day meal caterers with a turnover of over Rs.20 crores per annum
  22. Food manufacturing or processing or packing unit with a production capacity of over 2MT per day
  23. Dairy units with capacity to process over 50,000 litres of milk per day or over 2500MT of milk solids per annum
  24. Vegetable oil processing units with a processing capacity of over 2MT per day
  25. Slaughtering house with a capacity to process over 1000 birds or 150 small animals or 50 large animals per day
  26. Meat processing units with processing capacity of over 500kg of meat per day or 150MT of meat each year
  27. Cold storage units with a capacity of over 10,000 MT
  28. Cold storage that' s atmospheric controlled with a capacity of over 1000 MT
  30. Food storage with a capacity of over 50,000 MT

UDYAM REGISTRATION

Udyam Registration is a scheme introduced by the Government of India to provide recognition and support to small and medium-sized enterprises (SMEs). Here are some benefits of Udyam Registration:

Legal recognition: Udyam Registration provides a legal identity to your business, making it a recognized entity. This recognition is helpful while applying for licenses, permits, or government tenders.

Access to government schemes and incentives: Udyam-registered businesses are eligible to avail various government schemes and incentives specifically designed for SMEs. These include financial assistance, subsidies, tax benefits, and easier access to credit.

Priority in government procurement: Udyam-registered enterprises enjoy priority in government procurement of goods and services. This means that government agencies and departments are encouraged to purchase from registered SMEs, giving them a competitive advantage.

Easier bank loans and credit facilities: Udyam Registration helps in establishing the credibility of your business, making it easier to secure loans and credit facilities from banks and financial institutions. It provides a level of assurance to lenders about the legitimacy and viability of your business.

Protection against delayed payments: Under the Micro, Small, and Medium Enterprises Development (MSMED) Act, Udyam-registered businesses have the right to seek redressal for delayed payments from buyers. The Act provides for a mechanism to address and resolve such disputes in a timely manner.

Business promotion and marketing opportunities: Udyam Registration offers visibility and promotion for your business. Registered SMEs are listed in the Udyam Portal, which can attract potential customers, suppliers, and business partners. It enhances the credibility of your business in the market.

Support and guidance from government agencies: Udyam-registered businesses can seek assistance and guidance from government agencies and departments. They can provide valuable advice, training, and resources to help SMEs grow and thrive.

Overall, Udyam Registration provides several advantages to SMEs, ranging from legal recognition and financial incentives to improved market access and business support. It is a valuable step for SMEs to gain recognition, access benefits, and enhance their growth prospects.

ISO REGISTRATION

1.Enhances Business Efficiency
ISO registration plays an essential role in building credibility in overseas business and enhancing business efficiency.

2.Improves Marketability
ISO Certification widens the market potential of the company.

3.Better Customer Services
ISO helps to improve customer services and satisfaction to encourage the organization/company to deliver the best quality services.

4.Global Credibility
If the organization/company wants to expand the business globally, ISO Certification plays an essential role to build credibility.

5.Improves Product Quality
ISO Certification improves the product quality, i.e., it should match the quality of international standards. If the standard does not match the product, it will face non-acceptance on the grounds of quality issues.

6. Helpful In Government Tenders
ISO helps the in-government tenders and would give the businesses an advantage over other competitors.

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