What Are The Advantages Of Copyright Registration That You Must Know?

Copyright Registration is similar to the trademark and patent registration and they fall in the same category. Copyright Registration is also for an intellectual property. And the copyrights are registered under the copyright act of 1957. This Act came into existence for the protection of the rights of the owners of the intellectual property. This intellectual property could be the work of literature or a drama or any kind of music or an artistic work similar to it. All these can be copyrighted, however this Copyright Registration is not available for other intellectual properties like some ideas, procedures or any certain developed methods of operating something. These may be patented but not copyrighted.

What Are The Rights You Will Get After Copyright Registration?

Now that we have learned some degree of distinction for what could be copyrighted we know that through Copyright Registration the original creator gets an exclusive right over their creations and get a protection from the law against it being misused, plagiarised, or stolen.

If any day this intellectual property that was copyright registered is ever misused or copied by anyone other than its rightful owner then the owner has the right to sue the culprit in the court of law. This is because after the registration such thefts becomes a punishable offense. Another reason why the copyright act was formed was to honour and credit the work of the individuals that have put an effort into creating their work. It’s instinctively believed that their work deserves credit and general appreciation.

Another right a copyright owner has is that only they are allowed to work with their intellectual property. They may as well if they wish, sell it or transfer their rights to someone else with their permission.

What are the Benefits of Copyright Registration?

• Legal Protection-The original creators of the original intellectual property get legal protection through Copyright Registration. The work is by law protected from any kind of possible infringement.
• Market presence- You can openly present your work in a marketplace and not be bothered by the fear of it being copied by anyone. You may use your work in order to gain publicity for anything that’s related to your work. It has an impact on the consumer’s mind.
• Suing based on evidence in the court of law-The rightful owner of the copyrighted work can use their Copyright Registration certificate in the court of law as an evidence that in fact the work was created by them.
• Creation of Asset-The copyrighted work can also be used as an asset in a way by either selling it out for commercial use, giving permission to use to others temporarily for profits or could be franchised.
• Branding or Goodwill-By getting a Copyright Registration you create a sense of trust and goodwill of being known and evaluated by the authorities. This way the promotion of it becomes easier in the marketplace to the consumers.

Follow The Procedural Steps for Getting Copyright Registration.

1. Prepare Copyright Application – start by preparing a Copyright Registration application which will not take more than 2 working days.

2. Filing of the copyright Registration application – submit it with all the collected documents that are required with your Copyright Registration application to the copyright government department. This process will take just one working day.

3. Copyright certificate issued –when your application will be approved by the department your job will be done and your registration process will complete here. You will receive an acknowledgment about your Copyright Registration being complete and you will get a copyright certificate to keep.
In case if you find it difficult to follow the steps and need the help of specialists who have experience in handling the issues when it comes about online registration process such as Copyright Registration, then you are at an absolutely right platform. Swarit Advisors is one of the leading firm which is known for offering reliable online legal services to its customers. Contact us through our email or our mentioned phone number on the website, our representatives will shortly revert you.

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How To Register Your NGO Organization Under Section 8 Of The Company In India?

An NGO means a non-government organization. A certain organization that works in a charitable way with no intention of gaining any financial profits in mind. An NGO Registration in India can easily be done under the following categories of law.

1) NGO Registration as the trust under the trust act of 1882.
2) NGO Registration as a society under the Societies Act of 1860.
3) And this one is latest, NGO Registration as a company under the companies act of 2013 section – 8.

What Is The Purpose of NGO Under Section 8 of The Company?

The purpose here for the establishment of an NGO mainly under the section – 8 of companies act 2013 is for promoting the non-profit objectives of the NGO initiators. It could be in the form of any trade, commerce, arts, educational, religious, charity mainly. It could be for the protection of the environment, any social welfare like for rescues of animals, anything related to sports or research. Even the income and profits that come through running an NGO are put for the promotion of the NGO’s non-profit objectives and never distributed as a dividend among the shareholders.

The minimum number of directors that must be there for starting an NGO organization is two. This is in the case of starting an NGO as a company under the company’s act of 2013 under the section 8. The incorporation in the form of a private limited company would require at least two directors while in case of a public limited company the minimum number of directors is three and the maximum number of directors may go up to 200 in a private limited company whereas in case of a public limited company, there is no limit prescribed by the government.

Another good thing about registering an NGO under the company’s act of 2013 under section – 8 is that there’s no minimum paid – up capital required to start it.

Coming to the pre-requisites for the NGO Registration in India

Know the Pre- Requisites to the NGO Registration

• Obtaining a DSC or as the full form says digital signature: – A digital signature is a requirement when filing for any Registration forms online as these forms are digitally signed. Now DCS should be obtained for your directors of the NGO to be registered. The DSC comes in the form of a certificate which is given by the government recognized agencies. The cost of obtaining it varies with the agencies. You must get a DSC under either class 2 or class 3 category. Under the class 2 DSC, the person is verified with the pre-existing information. In the case of class 3 DSC, the person who is trying to get it must present themselves in front of the registry authority for proving their identity.
• Application for the DIN or as the full form suggests Director Identification Number: – you will require to apply for a DIN for the supposed directors of your NGO. The application is to be filed by filing the form DIR 3. This will also need attached scanned copies of the required documents like a self-attested PAN card, proof of the director’s identity and address.

Submit all this at the MCA portal which the portal of the ministry of corporate affairs. Your forms can be attested by a professional, namely a practicing charted accountant or a company secretary.

What Are The Number of Forms Required for NGO Registration?

Name of the form and purpose of the form are listed below: –

• RUN             Name Approval,
• INC 12 Issue of Licence as section 8 company,
• INC 13 Memorandum of Association,
• SPICE          Incorporation of company,

If you are willing to get the help of professionals then you must reach the renowned and experienced consultancy firm where experts are constantly available to serve you in the best possible ways. We are the top-notch online service provider for any online legal processes where you may register your NGO firm without any blunders.

Original Source: https://swaritadvisorsindia.wordpress.com/2018/07/23/how-to-register-your-ngo-organization-under-section-8-of-the-company-in-india/

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Online Filing Procedure With Experts For Trademark Registration

By the definition, a trademark is a visual symbol that could be a word, a name, a device, a label, or brand name that are often used by different companies for distinguishing themselves or their goods or their services in general that their business represents from others. A trademark can also be referred to as a form of intellectual property. So a trademark registration will be required to keep it from being misused or copied. 

A trademark registration certificate will make the trademark intangible asset for your respective business. A trademark registration can be used to protect a business’s investment, so a trademark can be registered only if it’s distinctive yet representative of the goods and services that you are willing to introduce and sell into the market.

Obviously if you propose a trademark registration of a something similar or identical to an already existing trademark then you will not be able to get your registration done.

The trademarks in India are controlled by the general controller of the patent designs and the trademarks. This comes under the ministry of commerce and industry of the Indian government. All the trademarks will be by law registered under the trademark act of 1999. This act provides the owner of their trademark the right to sue anyone for any kind of infringement of their trademark.

Once the trademark is registered, it can be used and will be protected by law for 10 years after which you must renew its registration. Trademarks that are near their expiry dates can easily be renewed by simply filing for a trademark renewal application form for another coming 10 years to follow.

WHAT ARE THE REASONS TO REGISTER A TRADEMARK?

• Legal Protection– certainly provides your trademark legally from being stolen as it criminalizes the very act. Also gives the right to sue the offender.

• Unique Identity– provides a company with its unique identity to stand out in the marketplace.

• Creation of Asset–your registered trademark has the right of being sold, franchises or contracted making it an intangible asset.

• Trust or Goodwill– you having a trademark gives the consumers some degree of confidence in your products.

• Global Trademark Filing– you can file for global trademark registration in this way nobody in the world will have the right to misuse your trademark providing it protection globally.

WHAT ARE THE DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION?

• Identity and Business Proof

a) Identity proof like a passport.

b) Driver’s license 

c) Aadhar card 

d) Voters id or ration card 

Above mentioned documents of the individual who has filed for the trademark registration and ownership of the trademark. In case of the legal entity or registered body, a partnership deed document or incorporation certificate of the company or registration certificate of the company is required.

• Logo with Tagline

If a trademark registration application is filed for a word then the logo is not required, but in all other cases, a logo is to be submitted. The logo is supposed to have the exact same words that are mentioned in the trademark registration application. The submitted logo should preferably the black and white format.

•Prescribed Form and User Affidavit

The form TM A authorizes only a law attorney for filing a trademark registration application on your behalf. And this is to be filed to the registrar of the trademark registration office. Just in case, a claim comes ups of previous use of the trademark then a trademark user affidavit must be submitted.

We at Swarit Advisors are having expertise in dealing with the issues that users might face while struggling with the challenges in the online legal registration processes. So, you can anytime contact us through the phone number or email id so that we can revert you back as soon as possible.

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Before Signing A Residential Rental Agreement What You Must Check?

In this fast developing world, the mutual trust is decreasing day by day, you should secure your property-related agreements through a legal contract or binding in a satisfactory format and a residential rental agreement is one of them, where the owner and the tenant agrees to few terms and conditions. No matter whether you are a landowner owning a property or an occupant hoping to lease a property, it's imperative that you make use of a legitimate residential rental agreement that can include all the terms and conditions and purposes of both the parties involved. The residential rental agreement ought to be error free to ensure the interests of both the parties and the document should be referred to as a proof in the case if any dispute occurs.

Check If The Owner Is Actual Owner Of The Property?

Before you consent to the residential rental agreement, make sure that the individual you are interacting with, is the genuine proprietor of the property. Most of the times, NRIs or speculators hand over their property to caretakers, who may rent it to an outsider without the knowledge of the actual owner. 

Along these lines, you ought to confirm the title documents, for example, the sale deed and share certificate, rather than acquiring a no-objection certificate (NOC) from the lodging society where you need to rent the property. "If in case, the property or the apartment is sold, the original sale deed will be under the custody of the bank. In such a case, a NOC ought to be acquired from the bank. This will specify the legitimate owner’s name.

What Does Residential Rental Agreement Contain In Its Document?

A Residential Rental Agreement incorporates the terms and conditions under which the property is given on the rent. It includes the rent value and the time period for which the agreement has been made, and in addition the security amount also that should be stored with the proprietor by the tenant. The agreement ought to clearly specify the day preceding which the rent is relied upon to be paid. In the case, that the tenant neglects to pay the rent before the mentioned time period, the penalty charges that he would be at risk to pay will be mentioned in the agreement. The rental agreement could also include the facilities, for example, parking spot or the utilization of society's gym, included in the property. There could be extra monthly charges, for the society maintenance and further club expenses. It will be ideal if the extra charges for utilizing such facilities are clearly mentioned alongside the tenant who is supposed to bear them. 

The tenure of the Residential Rental Agreement is typically 11 months, until and unless it is mentioned in the agreement. If it is more than a year then it is compulsory for the proprietor to get the document registered. The agreement must indicate the notice time period and punishment for dropping the agreement without completing the predefined period. Commonly, a two-month notice period is served in the case of high investment properties, while the one-month notice is adequate for low rental ones.

 

A tenant ought to confirm whether the proprietor has incorporated a rent escalation condition in the Residential Rental Agreement or not, which could be utilized to expand the rent in the following two or three months. The most ideal approach to protect yourself is to guarantee that the Rental Agreement indicates the dates on which the rent escalation will be pertinent and the level of increment as per the advice of the specialists.

Are you looking for the help of professionals who can help you in understanding the terms & conditions of the agreement in case if you are befuddled with the lawful words in the agreement? We at Swarit Advisors are the best in offering legal procedure services to our customers whenever they need. You have the right to go through the documents and the bills related to the rented property that has been paid. We can help you with the better understanding of the Residential Rental Agreement to avoid any sort of mishaps.

Source url: https://medium.com/@swaritadvisors18/before-signing-a-residential-rental-agreement-what-you-must-check-b844a49a2bd2

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How Can We Start A NGO Organization In India?

There are many individuals who are ready to quit their prominent employment and swing to social work. If you are one of them, then you should be aware that setting up a non-governmental organization (NGO) is simple and not that much trouble to register for. You can do it on your own or may take the proficient assistance from a lawyer, chartered accountant or may reach Swarit Advisors where our professionals will guide you all the way for NGO Registration process.

NGOs are the associations that are more dedicated towards the advancement of a specific cause or the welfare of a targeted population. And as they work in the non-benefit domain, their objectives, goals and usual methodologies are somewhat extraordinary as contrasted with profit-driven organizations. To accomplish their goals, NGOs need to take after a realistic approach ideal from the phase of conceptualization. Furthermore, there are some rules and regulations set around by the Government of India and the provincial state governments. Here is a well-ordered guide for beginning your own NGO in India.

Follow the Below Mentioned Procedure To Start AN NGO Organization

1. Set out the issues that your NGO needs to address, and recognize the mission and vision of your NGO Organization first.
2. Before applying for the NGO Registration, you need a promoters' body set up, that will be the principal representing body on registration, and will be the in-charge of everything like activities and decisions related to the NGO, till the new body is constituted according to the set standards, as and if appropriate. The overseeing body will be associated with all issues of the key significance, including strategic relevance, money related management, HR, and systems networking.
3. In India, it is required to report a trust deed/Memorandum of Association/Rules and Regulations for every NGO which contain the name and address of the NGO organization and the mission, goals, points of interest of governance of the NGO.
4. In India, you may register an NGO under any of the accompanying Acts: As a Public Charitable Trust- As there is no national level Public Charitable Trust Act, an NGO can be enrolled in specific provinces in India as well. It might take note of that Indian Trusts Act 1882 is mean for Private Trusts, which is legitimately treated like a revenue driven entity.

• Societies Registration Act of 1860- For the Societies Registration, it can be formed by a group of at least seven individuals. Its arrangement is basic but may take a little longer time to finish the enlistment procedure than that of a trust registration and is more affordable than that of a trust, but it additionally manages greater adaptability in terms of regulations.
• Companies Act of 2013- An association which is created for the advancement of art, science, trade, religion or charity can be enlisted as a non-profit driven organization but rather its individuals can't be paid a dividend. All wage and benefits, assuming any, ought to be used for assisting the further goals of the organization.

1. Raise finances through inside sources (participation expenses, sales, membership charges, donations, and so forth.) or stipends from the Government, private associations or foreign sources. The Inflow of foreign assets is represented by the Foreign Contribution Regulation Act (FCRA) 2010. All the three kinds of association are eligible to enlist under Section 12A of the Income Tax Act of 1961.
2. If you don’t want to meet the above obligatory necessities that we have shared with you, then you may follow a wide network of other NGOs, and government organizations including the corporate world and media. An NGO flourishes essentially on the strength of the partnerships like other organizations do.

In our blog, we have discussed about the requirements to start an NGO Organization. If you already have an NGO organization and you want to register it then you may consult through our professionals at Swarit Advisors where we have years of experience in handling any possible issues that may occur during the NGO Registration. Feel free to contact us anytime we are 24/7 hr available to help you with best solutions at your end.

Original Source: https://swarit-advisors.weebly.com/blog/how-can-we-start-a-ngo-organization-in-india

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Professional Help for Getting Food License in India

The Food Safety and Standards Act, 2006 has brought huge changes to the sustenance business with an end goal to provide safe and standardized foods to the customers. The Food Safety and Standards Act, 2006 has made FSSAI Registration compulsory for nourishment business, food business operators and sustenance items. In this article, we take a look at the two primary sorts of FSSAI Registration-Food Business License and Food Product Approval.

The Food Safety and Standards Act 2006 authorized by the law making body of India to enhance the execution of the food business. The main role of the Act is to manage the working of food operator, online seller, maker, wholesaler, distributor, importer, etc. You can't begin a food sort of business without a legitimate permit from the concerned state government. Along these lines, any food manufacturing, packaging, processing and distributing agencies are required to get a food permit under FSSAI. This all has been done simply to include transparency in the food items just to ensure the quality checks on food items &to check pre-characterized standards by FSSAI.

WHO REQUIRES FOOD LICENSE?

Food license is required by everybody who offers food products either on the internet or offline. As you are planning to sale your food products in your business then you must go through FSSAI Registration based upon the turnover of your business. Prior to the start of your business, you will require the food permit from the government.

WHAT ARE THE DOCUMENTS REQUIRED TO OBTAIN THE FOOD BUSINESS LICENSE IN INDIA?

FSSAI has issued rules and the accompanying archives mentioned below are required by the Food Business Operators who are applying for the central or state food permit:-

1.      Application Form-B appropriately finished and signed (in copy) by the proprietor/accomplice or the approved signatory.

2.      Outline or Layout Plan of the handling unit in total measurement with an assigned zone devoted for the operations.

3.      Rundown of executives with their entire address and contact details.

4.      Name and list of types of machinery alongside the installed capacity.

5.      Personal ID and address verification issued by the concerned government (Optional).

6.      Rundown of food items that are to be manufactured.

7.      Food Safety Management System plan or endorsement (If any)

8.      Examination report (Chemical and Bacteriological) of the water to be utilized as an ingredient in the food product through a government approved laboratory for the food testing.

9.      Evidence of the ownership of the premises (Could be a rental agreement or sale deed, electricity bill etc).

10.  In the case of re-labelers, NOC from the manufacturer is required.

11.  Details of the milk products and the milk collection centers.

12.  Details of the source of meat processing units and raw materials for meat.

13.  Pesticide buildups report of water in case if manufacturer packs drinking water, mineral Water, carbonated water from a government recognized lab.

WHAT ARE THE DOCUMENTS REQUIRED FOR THE RENEWAL OF THE FOOD LICENSE?

The documents that are to be given if there should arise an occurrence of renewing the food license from the common food laws to FSSAI Act (Food Safety & Standard Act), 2006

If you are completing a food business under the past food laws and you need to renew your Food License then you have to follow the below-mentioned steps:-

·         If there are any changes in the documents or the information given at the time of past permit for a food license.

·         Certificate or Plan of Food Safety Management System from the authorized organizations if there should be an occurrence of the central licensing unit or an affidavit statement announcing for the consistency of GMP or timetable for necessities.

·         The rundown of laborers with their therapeutic wellness certificates.

·         The Name, qualification, and details of the specialized staff accountable for Operation (material for assembling or handling units).

Get in touch with the Swarit Advisors anytime through our phone number or through the email. We are capable of providing every possible solution to you whenever you are in need.

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How to get food license Registration in India?

The food business operators looking to get registered for a food license will need to apply for the form B. It’s not that much of a difficult job to do. There’s just this one application to go through for either new or renewal of your food license.

A food license is a just a 14 digit number given as Registration number to you, which will be printed on every product you sell that has been known to be safe during registration process. This number will be unique and will be present for identification or recognition of your products.

What is food license?

The licensing and Registration of the food businesses is done under FSSAI. This Registration is an essential element for all the food business operators. These food business operators may be any one dealing with wholesale, manufacturing, supplies, trading or repackaging etc. There are a few types of food license Registrations. And the type of the food license you need to register with depends on the annual turnover of your supposed food business. You are not allowed to commence or carry any kind of food business unless it’s a very tiny food business, you’ll have to get yourself a food license by registering yourself under the FSSAI authority which is governed by the government of India.

Let’s see the type of food licenses there are.

Depending on your annual turnover, a food business operator will have to either file an application for simple FSSAI Registration online via the “form A” or simply apply for the “form B”.

Following specifications will guide you through the forms:-

Annual turnover when below Rs 12 lakh, go for form A. When it’s between Rs 12 lakhs to Rs 20 lakhs register your food license via form B. For state food license it’s again form B and also form B for the central food license. Any food business operator that fails to get a food license will be liable to pay a penalty for their offences. The FSSAI act has prescribed the offences and the penalties that are related to the food businesses. This is to ensure the food safety.
The food license in state and its Registration can be issued by the state authorities that are operating in each of state in India.

Some points for food licenses

• An easy and simple food license is issued within the time period of 1 month.
• There’s no food license for small food business operators, however Registration is mandatory.
• This act of Registration or licencing ensures the safety for the consumer and at the same time ensures that there shall be full compensation for the victim in case of any hazard or even worse, death.

Some important instructions:-

• The food business operators must always apply for the food license or in case they own restaurant, then restaurant license.
• In case the food business operator is functional in more than 1 state then an additional central license needs issuance for their head office.
• The operators involved with import of food items are allowed to take single central license, at their import and export code address.
• If there is one presumption but with various kinds of food businesses, then they are eligible for one only Registration.
• The food business operators are supposed to abide by the rules and regulations of the FSSAI laws in order to get the food license.

Source url: https://swaritadvisorsindia.wordpress.com/2018/07/14/how-to-get-food-license-registration-in-india/

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