What Are The Key Highlights Of Limited Liability Partnership?

The limited liability partnership is a certain body that has its own separate entity from it’s partners and perpetual succession.The limited liability partnership in our country is governed by the limited liability partnership act 2008 and hence the provisions of Indian partnership act 1932 are not applicable to it.Each of the limited liability partnership is supposed to use the words “limited liability partnership” or it’s short form “LLP” as the last words of its name. A limited liability partnership is basically a result of an agreement between certain partners with mutual rights and certain duties of the limited liability partnership and that is determined by the agreement subject to by provisions of limited liability partnership act 2008.

Because limited liability partnership is a separate legal entity, it is liable for it’s all the assets, with the partners limited to only the amount of contribution by them. Just like a company. There shall be no partner individually liable for any of the wrong doings of other partners. But however if a limited liability partnership was formed for the mare purpose of defrauding the ones to credit for or in the matter of any fraudulent purposes, then here liability of partners with their knowledge shall have unlimited liability.

There has to be at least two of the designated partners in each limited liability partnership that are residents of India.

• Each limited liability partnership must maintain accounts annually showing it’s true states of affairs. It must also prepare a statement of accounts and periodically it has to be every year and has to be filed with the registrar.
• The central government, investigate, whenever they feel it’s fit to do so of the limited liability partnership by appointing a good and competent inspector.
• A private company, firm or any unlisted public company has the option of converting itself into limited liability partnership as per the provisions of the 2008 act. On such conversion, the registrar shall issue a certificate to that effect. After issuing that certificate of the Registration, all of the property of firm or the supposed company shall stand dissolved. The company name is then removed from registrar of the firms or the registrar of the companies, whichever shall be the case.
• Just like any company, a limited liability partnership may wind up, either voluntarily of by the Tribunal that is established under the companies act.
• The limited liability partnership act 2008 will enable the central government for applying the provisions of the companies act, whenever it shall think it’s appreciate and must then issue notification to that effect provided. Such a notification has to be laid down before each of the house of the parliament for a time period of 30 days and then it shall subject to any of the modifications as they may be approved by both house.

Form where did limited liability partnership in India came from?

Recommendations that came from J.J Irani committee and the Naresh chandra committee -2 had led to the formation of a draft bill that produced the limited liability partnership in India. The cabinet had approved their bill on 7th of December, 2006. This was then tabled in Rajya sabha on the 15th December 2006. The final report to the ministry for corporate affairs by submitted by the committee. In the bill limited liability partnership, got approved by the cabinet on 1stMay 2008, making the provisions for the formation and regulations. Both the houses in parliament passed the supposed bill without any recommended changes. This bill later got assent of the president on 7th of January 2009. This bill in the form of limited liability partnership act 2008 was published in official Gazette of India on the date of 9th of January 2009. The limited liability partnership act 2008 hereby provides the formation and the regulation of limited liability partnerships and all the matters that are connected to it.

Original Source:- https://swaritadvisors.com/learning/what-are-the-key-highlights-of-limited-liability-partnership/

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What Is NGO Registration?

An NGO or non-governmental organization is an entity which is not for profit but is created for the welfare of the poorer areas of the society or those who are backward or for a specific reason. The motive of the NGO firm could be ecological, related to human or animal’s right, enhancing the healthcare for youngsters, awareness about an art, etc. Numerous NGOs are sometimes fronts for political interests. But being a non-profit organization, these entities can't pay out any benefits to the individuals or members rather, any benefit must be reinvested toward the cause for which it is. In India, an NGO can be set up as a trust.

What are the methods for NGO Registration?

NGO Registration in India can be done as trust registration.

Trust Registration- One way through which you can enroll a Non-Government Organization is by enlisting it as a trust registration. This sort of technique is utilized by NGOs who work with annihilating poverty, giving medical assistance and education to them. You must be aware of this that trusts are unalterable. This implies that they can't be changed without the authorization of beneficiary.In spite of the fact, that there is no national law that represents trusts.

What is the process of NGO Registration?

Under the trust registration process, a person who has the power or property which is transferable, can create a trust organization.Similar to NGO, trust also needs to get registered, and the process is very simple. If you begin the process of you will require the name of the trust, registered address, two trustees of the trust, one settler of the trust, you must have the object for the trust such as charitable or religious property of the trust which is movable or immovable.

What are the Documents Required for NGO Registration?

When you have all the documents prepared, you are prepared to register your NGO. Make sure that you have every essential document for secure processing.

Following are the documents that are required to be submitted to the Registrar as follows:-

• A letter asking for registration, signed by the members of the NGO. This letter will contain the purpose of NGO demonstrating that it is enlisted under an Act. The signature of all members is necessary.
• A certified copy of the tenets and rules signed by the founding members with aduplicate copy is must.
• The names, address, qualification, an occupation of all the members with their signatures.
• Address proof of registered office is required as well as a no-objection certificate from the landlord.

There are many reasons as to why it is better to register an NGO, one most important reason is funds. You will receive funds from various sections and the money that you will get, you will have to put in banks. And you can create your bank account under your NGO organization name. NGO Registration documents show that your funds are under the name of NGO. If you have any query regarding trust registration then let us know by contacting our experts at Swarit enterprise.

Original Source - https://swaritadvisors.com/learning/what-is-ngo-registration/

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How to Make Change in Registered Office of the Company?

This article will help you with the process to make a change in registered office of the company if you own a company or a business.There are resolutions required by the company for changing the address of the registered office.Any business or a company who wishes to change the registered office of their company from one place in a region to another then your company must pass a particular special resolution in its general meeting, with its board resolution which is also required to be passed. This is authorised by the company director’s signature and then the form INC-22 is submitted with ROC.

How to get approval for change in registered office from one state to another?

If anyone requires making change in the registered office address of the company from one state to another then the company must apply for the approval of the director of the region and then the company has to also file for such an approval to the regional director by filing a form INC-23. Once this is approved by regional director then the approval needs to be presented to ROC within the time span of 60 days. When ROC too has confirmed the change within the 30 days of time for approval application.

What are the steps in the legal process of change in registered office when there is change from one ROC to another ROC?

Primarily the company must amend MOA which is the memorandum of association of the company. It wouldn’t have any provisions regarding the same. A certain special resolution must be passed by the company for its alteration in the memorandum of association and this is then required for filing to the ROC as per the form number MGT-14 and that has to be within 30days of passing the resolution.

Now for making a change in registered office of company from one state to another state in India, following documents will be required to be attached along with the form INC-23.

• Copy of memorandum of association and AOA of the company.
• Copy of the notice stating the general meeting of the company.
• Copy of the minutes of conducting the general meeting for presenting the resolution that sanctions the alteration of the location of the registered office of the company regarding MOA and AOA.
• Along with an affidavit that verifies the application.
• The other documents that is related to the application fee payments.
• The board resolution copy and the central government may dispose of the application within 60 daysof the change of registered office with the consent of its creditors, the debenture holders and other some persons that are concerned with the respective company.
• The approval is to be sanctioned by the central government and shall be filed with registrars for that of both states. That is the one where it was situated and the one which is relocating to.
• And the very last step is registrar of the new state. He shall keep the records of this change in the registered office and accordingly shall also issue a fresh certificate for the company mentioning the change in the registered office of the company.

For more insight details you may contact us anytime to get support for your problems and queries if you are making change in the registered address of your company. We will feel glad to help you.

Original Source - https://swaritadvisors.com/learning/how-to-make-change-in-registered-office-of-the-company/

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How Patent Registration Can Be Useful For Individual in India?

Each day there’s an increase in individual inventors and small to medium sized businesses regularly asking to patent their work by patent Registration. The process of Patent Registration will be discussed in this article.

What is a patent and Patent Registration?

A patent registration is an absolute exclusive right of ownership to their invention or discovery granted to a particular person or an inventor or territory or an assignee by the Indian government to exclude others from using, making or selling or even importing the patent holder’s work.

Any invention or discovery can get a patent registration if it follows with following points:-

1) Novelty- An invention or discovery has to be new and not something simply modified. It can not be a prior state of art. The prior art reference is for everything that’s been published and presented or rather disclosed in front of the public by means of newspaper, website or any research article in a journal as of on the date of filing for the patent.

2) The inventiveness -Any inventive step means a feature of any invention that is supposed to involve any technical advances in comparison with the already existing knowledge and that would make the invention no so obvious to the person quite skilled at that art. The invention wouldn’t be considered so if the inventive step is not inventive in mind and is just combination of teachings of different documents available to the public.

3) Utility or industrial- An invention must be truly capable of being reproduced and used in some kind of industrial engineering. It must take shape of a device or an apparatus. A product such as some kind of new material or any industrial process. An inventor is certified for its patency only if –
a) It can be remanufactured.
b) It can be used at least in any one activity.
c) It can again be reproduced with exactly the same features or properties as many times required.

What Are The Types of Applications for Patent Registration?

• Provisional application–A provisional application is something of a temporary application field with a patent office, that’s to claim a priority date. So when an invention isn’t yet complete in every aspect, this application will be helpful. It is relatively less expensive to prepare and file which enables the investors to study the feasibility of their invention. However it’s complete application must be filed within 12 months or else it’d be treated as an abandoned work.

• Complete application–An application for patent registration containing the complete specifications and it claims of the invention is called a complete application.

• Convention application–when an applicant files the application for patent registration claiming a priority date based on the same or similar application filedin one or more than one of the convention countries and this is called convention application.

• Patent co-operation treaty or PCT for short. – It’s an internal application for patent registration. It’s an international agreement to file a patent Registration application that has an effect up to 138 countries.
Note: PCT doesn’t grant you an international patent.

Original Source - http://swarit-advisors.blogspot.in/2018/05/how-patent-registration-can-be-useful.html

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How To Change The Name Of The Company?

When you plan to build or start your organization, you can feel like you've been put on the spotlight. But what will you name your new organization? This ought to be something that you should consider important - it's how the customers are going to know you and your business. However, in spite of the fact that, it is technically true that you can obviously Change Company Name whenever you wish to.

What You Should Consider Before Changing Your Company Name?

Definitely you must be thinking would it be a good idea for you to change the name of your organization? Let us consider few things before you think of changing the name of your organization.

• Affordable or not? - When you make your mind to change company name, it’s not only about the name but its everything attached to it such as your product and services as well, including websites, logos and everything. So make sure whether it is affordable or not.

• Is Your Company Established?- Have your company achieved the desirable reputation in your serving areas? If you have made your mind to change company name then it could cost you business.

• Is it necessary to change company name?- Make sure that are you hurrying in changing the name of your business. In case if you have a weak business name or too complicated then you can think about it, but if its perfect then you must not opt for it.

What Is The Step-By-Step Process To Change Company Name?

1. Board Resolution of the Company- according to the Section 173(3) of Companies Act, 2013 board resolution is prepared for the change in the name of the Company. Here they will suggest proposed names for your company and set meeting of shareholders.

2. Check the Availability of Name on Trademark & Website Search- Once the resolution is passed, availability of name is checked whether the name is available or not.

3. Approval of new Name by the Registrar of the Company- Once the approval of new name is done, they issue Name availability letter for the name of the company and this name will be valid for 60 days as per Section 4(5).

4. Passing Special Resolution for Company Name Change- Here in this step change in company name & alteration of MOA & AOA is done. If the owner change company name due to the change in business then main object in MOA is also changed. Liability clause in MOA is amended and new MOA & AOA is adopted which are in accordance with Companies Act 2013.

5. Insurance of new Certificate of Incorporation- In this step Registrar of the company check and review the documents and the forms that has been submitted. If your verification is done without any problem and error then they issue the new incorporation certificate where they state the new name of your company that has been proposed. And it will come into effect from the date of the issue of the certificate.

6. Changes to MOA & AOA- Once your new incorporation certificate is issued then company must make changes in MOA & AOA.

These are the basic steps which you have to follow while going through the process of changing your company name. For further details or inquiries you may anytime get in touch with our professionals.

Original Source - http://swaritadvisors.over-blog.com/2018/05/how-to-change-the-name-of-the-company.html

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Apply For Copyright Registration Now

What Is Copyright Registration?

Copyright registration in India gives economic rights to the maker or creator of an extensive variety of materials like craftsmanship, writing, music, movies, sound chronicles, official manifestations and many other services to give them a chance to control the utilization of their products online or making duplicates to the people in general. Moreover Copyright registration also offers the moral right to the maker of the materials and furthermore to protest its mutilation.

A copyright is a type of intellectual innovation which ensures unique works such as books, periodicals, PC projects, and aggregations including PC and databases, musical song and graphical documentation of the same, cinematographic and sound recordings. In reality, it is a heap of rights including privileges of multiplication, correspondence to general society, adjustment and interpretation of the work. There could be slight varieties in the arrangement of the rights relying upon the work. Copyright laws only save the expression of the ideas rather than the ideas.

Why Is Copyright Registration Necessary For Us?

1. The confirmation of Copyright Registration is a legitimate verification of substantial title and proprietorship that can be created in the court as an evidence of ownership if there arises any dispute.When a work is to be used economically, it is prudent to complete Copyright registration. As it is exceptionally prescribed to put a copyright mark on the work regardless of whether it isn't registered.
2. Copyright registration is much more critical if it is about software program on the grounds that the replicated work appears to be indistinguishable to the first work and it is to a great degree hard to separate between the two.
3. Copyright enlistment builds up an open record of the copyright claim.
4. Registration declaration is essential to have, in case, that it ends up vital for the copyright proprietor to get an injunction against a copyright infringer.The assumption of legitimacy will just apply if the work has been registered.

Hence, despite the fact that the Copyright registration isn't required, it is smart thought to complete it, particularly when the work must be utilized industrially. It is evidence of proprietorship and legitimate title.

What Is The Purpose Of Copyright Registration?

Copyrights in India don't protect the titles, names or thoughts of the person. The main purpose of the Copyright registration is to let copyright registrants increase monetary prizes for their endeavors and accordingly encourage creativity & development that advantage our country. There are many experts who are available to help you to register your material or work. The copyright material ought to be the result of imaginative expertise or speculation and without protection as it would be simple for others to misuse material without paying your creativity.

There are likewise special cases to India copyrights with the goal that some minor uses would not bring about copyright encroachments. The Copyright registration in India would naturally ensure copyright material if it is appropriately and legitimately enrolled offering you all the rights to possess your material. Thusly, make a point to pick the correct copyright lawyer in India who can legitimately and effectively entire copyrights documenting.


Original Source - https://swaritadvisors.com/learning/apply-for-copyright-registration-now/

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Know The Procedure To Apply For Trademark Registration

What is a Trademark?

A Trademark is a special logo or a brand that can be used for distinguishing your products from your competitors. By trademark registration you can protect your unique idea of presentation of your brand or a logo by legally restricting other people and/or your competitors from using your brand or logo or even your tag line.

What is the procedure for trademark registration?

Step 1- Find an appropriate yet catchy brand name for your trademark registration.

Picking up quirky unique brand name is a wise way since most generic names would be rather predictable and yours should stand out in the crowd. You could try picking multiple generic names and invent or coin words with their mix to create a completely unique brand name for yourself.

Step 2 –Preparing application for trademark registration.

Following are documents you’d require along with the application for the Trademark Registration.

1) Proof of business Registration.

2) Photo Identity proof of the directors of your company.

3) Address proof of the same people.

4) Only Identity proof along with PAN card and Aadhaar card could be submitted.

5) However in case of companies, address proof of the company will need to be submitted.

6) And the last but not the least, the soft copy of trademark.

The proof of the claim that’s applicable to the proposed mark could be used in another country.

7) Power of attorney signed by the supposed applicant.

Step 3 - Application filling of the trademark registration.

There are two ways of filling for trademark registration, one is manual filling and other is e-filling. If you decide to go for manual filling then you’ll have to go and handover your application for Trademark Registration personally to the registrar’s office of trademarks. The office is situated in major big cities like Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After applying, there’s a waiting period of at least 15 to 20 days for receiving the receipt of the acknowledgement.

However, if you decide to go for e-filling of the application you will receive the receipt of acknowledgement quite instantly through the government website. Once you receive your receipt of the acknowledgement, you are now eligible for the use of your trademark name along with (TM symbol) beside the name of your brand.

Step 4- The process of examining the brand name application of trademark registration.

After dispatching application, the registrar will check if you’ve followed certain terms and conditions that your brand name complies with the existing law. There should also not be any conflict or dispute with the already existing or pending brands there for their trademark registration.

Step 5- Publication of brand in the journal of the trademark in India.

After examining, the registrar shall publish your brand name in Indian trademark journal. This is the most important part of all of the trademark registration and if there’s no opposition for 3 months after publication and sometimes 4 months then the brand name proceeds to acceptance.

Step 6- The issue of a certificate of trademark registration.

The registrar shall accept your trademark application if there hasn’t been any opposition from anywhere then the registrar will issue your trademark registration certificate with registry seal on it.

Original Source - https://swaritadvisors.com/learning/know-the-procedure-to-apply-for-trademark-registration/

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