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How to Register Producer Company in India?


A producer company includes a group of people that are involved with the production of produce primarily or other one or more objectives relating to the primary production. The Part IX – A of companies (amendment) act of 2002, deals with the Indian producer company. The primary reason for introducing such a concept was to frame the legislation that permits the incorporation of cooperatives as a company. The Indian producer company is an incorporated body that has it’s certain activities and/or objectives under the section 581B.

Provisions relating to Incorporation of Producer Company?
  1. An applicant: - Ten or more people being the producer, two or more of the producer institutions, or the combination of any of the previously mentioned.
  2. MOA and AOA of the producer company:- The above mentioned documents must be signed by each of the producer with a date. Along with it all other required documents under incorporation rules must also be prepared.
3. Object of the producer company registration online document:- The objective clause in the memorandum of association must specify all of the matters that are specified under the section 58 1B.
4. Appointing the first directors: - The AOA of the company would mention it’s first directors. These directors of the producer company will hold the office till the final directors are appointed for the producer company in question. This is to be done within the time period of 90 days of the company registration application. The minimum number of directors being five to the maximum being 50.

What is the procedure of filing for producer company application?
  • Filing of the producer company’s name: -File for the application via RUN with a fees of? 1000/-. Then select a name for your producer company that will suit best for your company’s produce. Once the ROC confirms with the availability of the name you’ve chosen, a Memorandum of association and AOA of the respective company is drafted according to the regulations of the section 58 1F and section 58 1G.
  • MOA and AOA that are duly signed and stamped with a date.
  • Their power of attorney.
  • Statutory declaration on stamp paper by a professional in Form INC-8. That is declaring compliance of all the identical matters regarding the producer company formation.
  • File application for registration in Spice any pay stamp duty electronically via the MCA portal..
  • Pay producer company registration fees.
If you are facing any trouble in getting your Producer Company Registration done then make a call at our Swarit Advisors, where our professionals will give you complete guide to follow the steps precisely and help you to get the hassle-free services. 

Original Source: https://articles.abilogic.com/286828/how-register-producer-company-india.html

What Is Sole Proprietorship & Its Key Features In India?


The Sole Proprietorship is the best business form which is mainly preferable by the small entrepreneurs. It initially permits beginning a firm with little capital, within a short time span. It requires an exceptionally basic process with minimal lawful compliances and formation costs. The vast majority of the offline business generally prefer sole proprietorship. 

A sole proprietorship is a business that is claimed and overseen by a solitary individual. You could have one up and running inside 15 days, which makes it exceptionally well known among the unorganized sector, especially traders and merchants. There is no such thing as registration particularly for the sole proprietorship, as they are well perceived by different registrations such as GST registration. As you would envision with a business that is so natural to set up, however, its inadequacies are extreme, the liability of the proprietor is boundless and it doesn't have a persistent presence. Look at the significant perspectives and prerequisites for the sole proprietorship registration.

Generally, proprietorship is the favored method for setting up a small scale business for a large portion of the businessmen. The fundamental highlights of this business obviously distinguish it from alternate types.
  1. Proprietorship requires only one individual.
  2. The business is possessed by a solitary individual.
  3. Minimum lawful compliances, it is significantly less demanding to begin and dissolve the sole proprietorship.
  4. Tax related and other legitimate compliances are minimal.
Step by step instructions to Establish a Sole Proprietorship Firm in India
All the business structures need to follow the basic formation procedures and important enrollments. Here in our blog, we provide a brief yet entire method for the sole proprietorship registration in Delhi that will assist you in preparing your documents.
  1. The proprietorship registration is basically done under the SSI/MSME Registration. The rundown of the documents incorporates just PAN and Aadhaar card of the Proprietor of the company.
  2. Apply for the GST registration.
  3. Get the GST registration certificate from the experts.
  4. Open a bank account.
In spite of the fact that there are no other legislative conventions required for sole proprietorship formation, it might require certain registrations relying on the business. For instance, a firm which is dealing with import or export business will require DGFT IEC code registration. For the registration of GST, we exceedingly prescribe you to get the help from our professional legal online services at Swarit Advisors at reasonable charges.

What Are The Documents Required To Start Sole Proprietorship Firm?

The documents necessary for the sole proprietorship is very basic. Usually, it includes the basic documents to recognize the proprietor and the firm that are as follows:-
  • Self-Attested PAN Card of Entity (if any)
  • Self-Attested Aadhaar Card of Applicant
  • Self-Attested PAN Card of Applicant
Our professionals at Swarit Advisors provide hassle-free online legal services of registrations to our customers. Sole Proprietorship is the oldest form of business in India. There are many advantages of this firm such as minimal compliances, inexpensive, and easy to start with. Get more details by contacting our specialists anytime, we can help you with a step-by-step process. 

Original Source: https://articles.abilogic.com/286829/what-sole-proprietorship-its-key.html

What Is Food License And Why It Is Required?


In India, when anybody who is dealing with the food business, it is mandatory to get a food license from FSSAI. The food license has three categories. There is the basic Registration, the state Registration, and central Registration. The basic eligibility for these three kinds of food license Registrations is based on two factors. In the service industry, it’s based on the food businesses turnover. Whereas for the manufacturing type of food industry which is also the processing industry, it will be based on the production capacity of their unit.

The FSSAI or the Food safety and standards authority of India has bifurcated the food business operators in another two categories. One being the dairy products and it’s processing and the food manufacturers who would then sell food products like the biscuits, pickled, snacks, ready to eat meats and other processed foods. This falls in retailer’s category. This retail shop can be anywhere having an outlet in India. Also same goes for the wholesalers well as distributors.

The transportation will also need food license in India. The food license will also be needed for storage in warehouses of foods. So basically any business that is involved with food in anyway will need a food license.

Legal information regarding food license in India.

1)                Basic food license under FSSAI
Now, first of all, we’ll discuss the basic food license Registration. This is the type under which 80% to 85% of all the food business operators are. Its criteria for the basic food license Registration is having an annual turnover of Rs 12 lakhs or when the dairy industry will have a capacity less than 500 litres per day production. Or in case when they have a daily manufacturing capacity of 100 kg. All these shall get their Registration under the basic food license. This will also include a wide range of mini-businesses like tea stalls, home-based businesses, canteens, mid-day meals etc.

2)                State food license Registration under FSSAI
Now the second type of food license is the one which a state license. Any food business that has an annual turnover between the range of Rs 12 lakhs and not exceeding Rs 20 lakhs will come under this category. Either this turnover or manufacturing units that have a capacity upto 2 mts per day. For the dairy industry, the capacity will increase up to 50,000 litres per day. Apart from this, three-star hotels and above will come under this category. This category will also include the clubs, canteens, and other catering businesses, this would be irrespective of their business turnover annually. All these will apply for state-level food licenseRegistration under FSSAI.

Once you have been granted the food license for your food business by FSSAI authority, you will be bound to keep your operations in said premises. Also, you are supposed to print your food license Registration number on the package of everything you sell.

3)                Central food license Registration under FSSAI
The last category is of central food license Registration when your business doesn’t fall in above two, it is to be registered under the central food license by FSSAI authority. This is in case you have multiple food business outlets across the whole country. You might however also need the basic and state license depending on your said outlet’s location and individual turnovers.

Get more information by contacting with the Experts at Swarit Advisors who are constantly available to help you immediately. For any legal online services you can get help from our professionals as we are having year of experience in handling the issues that you might face.

Original Source: http://swaritadvisors.over-blog.com/2018/06/what-is-food-license-and-why-it-is-required.html

Apply To Register A Brand Name Or Trademark In India

When you own a business or need to claim a business, then you must consider whether the Trademark registration in India is essential or not? Will it be something which will be great to have for a business or an absolute necessity for a business? We here in our blog will provide few important highlights which will help you to understand the concept of trademark and how it can be advantageous to you. Before that, I would like to ask you few questions that are as below:-
  • How much time and exertion you put into your business, or on your product and services or to make your brand value? Did you endeavor to make your business a respectable and reliable name among your customers?
  • How might you feel, on the off chance, that another person is misusing your business name?
  • Or in case, if you find that the name that you are utilizing for your business is already been registered for other organization.
It would be an immense loss of time, endeavors and expenses that you have spent on your business recognition. Will you be able to evade such wrecking situations that can affect your image or which can bring about all the diligent work you put in building brand name of the business going waste?At such point, you have to truly consider securing your business name, trademark, logo, picture, etc. This can be simply achieved by Trademark registration.

Why Trademark Registration Is Necessary?

Trademark is Important for any business or brand name in India. Any sort of business who needs to secure their business name or brand name,the logo of the organization, they must apply for trademark registration in India. Trademark Registry gives the assurance on the brand name with the logo in their separate trademark class. Overall there are about 45 Trademark classes where you can enlist your business name in the sort of the field which is identified with your business or where you need to ensure your brand name. Make sure that if you are willing to protect the design or product or service then you must go for Patent Registration.

There are many advantages and the reason as why you must apply for Trademark Registration in India that are as follows:-
  • Secure your logo or company name so that no other can use your brand name. It assures that your brand name can’t be utilized by any other firm without your consent.
  • It helps in avoiding fake or similar brand names that are already been registered in the trademark list.
  • In case, if your company is internet based then you can protect your domain as well.If you are selling the products on e-commerce websites then you maintain your separate identity from other sellers on flipkart and amazon kind of websites.
What Are The Documents Required For Trademark Registration?

Are you willing to apply for Trademark Registration? Are you facing trouble in finalizing the documents required for trademark registration? If yes then you are at an absolutely right platform. Our highly skilled professionals at Swarit Advisors provide online legal registration services to our customers. You can anytime get in touch with us to get the precise guidance and support at your end.
Below is the list of documents required during the trademark registration:-
  • PAN card, Voter ID or Passport,
  • Scanned copy of registration certificate,
  • Signed trademark application,
  • Scanned copy of registration certificate,
  • JPG format of the Logo of your organization,
Trademark registration validates the brand name that you have submitted within 24 months when you apply. For further queries, you can refer our consultants who are 24/7 hr available to help you, leave us your email we will shortly revert you or contact you.

Source url: https://swaritadvisorsindia.wordpress.com/2018/06/15/apply-to-register-a-brand-name-or-trademark-in-india/

Learn How To Apply For NBFC Registration In India

Any kind of an entity that desires commencement of a certain business and wishes to run it a non-banking financial company in India then it’d require an NBFC Registration that is applicable under the reserve bank of India for it licensing. The supposed applicant must fulfil the following two norms in order to start the NBFC Registration.
  • It must comply with the companies act 2013,
  • It must be a company that has a minimum of net owned funds of Rs 2 crores.
The application for NBFC registration in India can be done through the official website of RBI (COSMOS). You are supposed to submit the hard copy of your application for your NBFC Registration along with the important required documents listed by the reserve bank of India to the RBI office.
You will be granted the license you are applying for only after the reserve bank of India neatly and vigilantly inspect all of your documents that you provided by attaching them with the main application.

What are the documents required for NBFC Registration in India?

The documents you need to collect and submit for the NBFC Registration are as followed:-
  • A copy of registration certificate that is certified and issued by the company’s registrar.
  • Next is to extract the main objective clause from the memorandum of association that clearly depicts the financial business.
  • The balance sheetof profit and loss that has been audited in accounts along with the directors and the auditors that report for that entire period of time since thecompany existed or at least for the last 3 years of the company whichever is less.
  • You will need a copy ofthe director’s highest educational certificate degrees or professional qualifications.
  • Also, an experience certificate of the director of his career in the financial service sector which should also include banking sector.
  • The report from banker stating details of the loans or the deposits. Their balances as till the date of applying for the NBFC Registration online and then conduction of the account.
  • Mention of the activities, if any from the reserve bank of India beforeNBFC accepting of any public deposit.
If you need any help in any of the mentioned documents that you are now aware of, then feel free to contact Swarit Advisors anytime. We are here to guide you ina perfect way so that you can easily apply for NBFC Registration.

Some insight on whatdeposits NBFC is taking?

Only the non-banking financial companies that have been issued their license for accepting any deposits in its Registration certificate from the reserve bank of India will be allowed to accept the public deposits.Now to ensure that the non-banking financial companies don’t necessarily misuse their licenses that have been issued by the government, there have been put some limitations.

The limitation for the deposits will vary based on the following factors –
  • If whether it’s an asset finance company or a loan and investment company, it will be based on the company’s net owned funds.
  • It had been on the basis of the prudential regulatory norms that are prescribed by the reserve bank of India.
  • The NBFC Registration India can be done only if you have a net owned funds of Rs 2 crores. Even the net owned funds for a small bank must be Rs 100 crores.
If you have issues or queries running in your mind then contact the best specialists who can help and guide you all the way. Swarit Advisors are the best leading online legal services provider firm whose motive is to offer reliable help to its customers whenever they need to. We will feel glad to serve you in the best possible ways.

Original Source: https://swaritadvisors.hatenablog.com/entry/learn-how-to-apply-for-nbfc-registration-in-india

How To Get Your Company Name Changed In India?

You already have a name for your company and you now wish to change it, it can be done anytime. And in this article we’ll discuss exactly that. To begin with company name change procedure you need to get consent of the shareholders through a special resolution and the MCA approval which is required. This change in company name of your private limited company will have no impact on its legal entity or its existence as a corporate entity. This change will not create a new entity so it’s obvious that the change company name shall not; in anyway also will affect the rights and obligations of the company. Rendering any defective or any legal proceedings by or against the company won’t affect any legal proceedings by or against the company, they may simply continue so with the old name.

Procedure for name change of private limited company. 

  1. Board resolution – A board meeting needs to be conveyed for passing a resolution for the company’s name change and then to authorize a director or any company secretary for making an application to the MCA for knowing if there’s an availability of proposed name. Now at the same board meeting, a resolution to convey an extraordinary general meeting for making the change in the name of company and then altering the MOA and AOA can be passed.
  2. Checking the availability of supposed name. – Once your resolution is passed, you need to know if the supposed name is available or not and reserve the name through RUN Service. The name must be as per the companies act 2013 guidelines for naming the company.
  3. Passing the special resolution for change in name of private limited company. When the name is approved by MCA then the company must again conduct an extraordinary general meeting and pass a special resolution for the name change of their private limited company. And file such change in MGT-14Following the consequential changes in MOA and AOA.
  4. The application for the approval of name change of the company – once that special resolution is passed, it’s time to apply for getting it all approved by the registrar of companies. An application has to be made for the company name change needs to be made via the form INC-24 along with the required fees.
  5. Issuing the new certificate of incorporation – when the registrar of companies is satisfied with given procedural documents, he would issue a new certificate.
  6. Making the changes in MOA and AOA – when the new incorporation certificate is issued, subsequent steps to incorporate the new name must be taken in all the copies of AOA and MOA and the certificate of incorporation which is issued by the registrar.
These are the basic procedures that are required when you are willing to apply for make change company name online. For more insight details you may anytime contact our experts at Swarit Advisors, we are the best online legal service providers to our customers.

Source: https://swaritadvisorsindia.wordpress.com/2018/06/13/how-to-get-your-company-name-changed-in-india/

What Is Trademark registration In India?

An intellectual property is a creation of a human mind which deserves its acknowledgment as credit. An intellectual property may be an invention, literature, something artistic, designs or symbols. This is protected by the law of patents, copyright, and trademarks. This shall enable a person to get recognized or get financial benefits from whatever they invent or create.

Any trademark basically brands your business, its products or its services in a certain significant way. A trademark would generally refer to a brand or a logo. The trademark registration can most certainly also be obtained for some kind of a business name which is distinctive and with catchy phrases, taglines or a caption.

How to pick a trademark for the Trademark Registration?

Any trademark for trademark registration must be chosen Very carefully. Even in case you are launching any product and adopting another new trademark. Most commonly done mistake is picking a word that’s not describing the goods and services.

How to search a trademark for trademark registration?

The search of availability of trademark you choose is highly advisable. That too before you invest in a trademark along with the guidance of an experienced attorney of trademarks would be worthwhile.

How much time does it take to get trademark registration?

It just takes about 2 to 3 days for completion of a trademark application for the trademark online registration. However, sometimes it could take about 18 to 24 months for obtaining trademark registration in a very straightforward way and without any obstacles.

What is the validity of the trademark registration?

Once you have your trademark registered, it’ll be valid for a straight period of 10 years right from the date of application for trademark registration. And it is to be renewed every 10 years along with the fees.

What is the process of trademark registration?

It will take three days for filing a trademark application for trademark registration process. After which you will be able to use the trademark symbol. However, the trademark office will take two years for doing trademark registration.

Steps of trademark registration in India

Apply for the trademark registration which is a 3 step process.

1) Identify the class and identify the conduction of a trademark search. Meaning that trademark registration must be obtained for some particular class or any category which hour business represents. If your business or your brand are representative of various businesses then your trademark registration must be obtained separately for all the categories that respond to your business. The very next step is conduction of the search of whether the trademark you desire is available or it’s already existing. It’s advised to conduct a general search throughout all the classes.

2) Now execute a power of attorney – the trademark registration online must be done via legal professional because only a trademark agent or an attorney of trademark is authorized for representing a client in front of the trademark registration authorities. So here this step involves execution of a Power of attorney in the favor the lawyer who will represent this case on your behalf.

3) Preparation and filing for the trademark application for trademark registration – This application could be made in the name of the individual or any entity. It’s then submitted to the registration authorities and then the process with in a day or two. You will then receive a unique number that’s generated so that you can track your application for trademark registration.

Feel free to contact specialists at Swarit Advisors anytime and get your problems resolved in the shortest time span whenever you need.

Source: https://swaritadvisorsindia.wordpress.com/2018/06/13/what-is-trademark-registration-in-india/