Legal Requisites For Setting Import Export Business

Foreign trade istrade between the different countries of the world.It has three kinds: imports, exports and entrepot.

• Inflow of goods in a country is called import trade
• Outflow of goods from a country is called export trade
• Goods are imported for the purpose of being re-exported with or without some processing or repackaging operations which is called entrepot trade.

Foreign Trade is extremely necessary for optimum usage of abundantly available resources and to satisfy the requirement of the country. Foreign Trade also brings in quality products into the country and by exporting the superior good, the capital and money comes in. Foreign trade not only generates the employment but also raises the living standards.
 In a nutshell, foreign trade is essential to have economic development of the country.
With an aim to make India a significant partner in global trade by 2020, the Foreign Trade Policy 2015-20 provides a framework for increasing exports of goods and services as well as generation of employment and increasing value addition in the country.

What is the Import Export Code (IEC)?

IEC is Export Import Code required for the business of export or import of goods and services in India. It is a 10-digit identification number issued by the DGFT (Director General of Foreign Trade), an attached office of the Ministry of Commerce and Industry, headed by Director General of Foreign Trade. DGFT is responsible for implementing the Foreign Trade Policywith an aim to promote India’s exports and enhance the treasury.

• Commonly known as Export license in India, IEC is fairly easy to obtain. It is a completely online process and requires only basic documents and minimal fee.
• After application has been duly submitted, obtaining the license takes not more than 15-20 days.
• No hard copy shall be supplied to the applicant, instead a soft copy will be sent.
• PAN is essential for the application of IEC registration.
• IEC has lifetime validity and requires no renewal.
• After obtaining IEC, no further compliances, return filing or maintenance fee are required.
• In future if modifications are sought, they can be applied for through the same portal with the prescribed fee and additional documents.
• IEC will be granted only for the product category as applied for. Though, one can seek IEC for additional categories with an additional fee for each category.

 What is the Requirement for Filing an IEC?

1. One time Client browser settings, mentioned on the official site.
2. A valid PAN card available with the applicant or the applying entity
3. Valid Mobile Number and Email ID for the token code to be sent on both
4. Scanned copy of the documents to be uploaded in the required format of either gif/pdf
5. A suitable mode to make online payment of the fee

 What are The Steps of Filing The Application?

1. The prescribed format of application, ANF 2A form, is available on the website of DGFT. the required details may be filled according to the structure of the entity: Proprietorship, Partnership firm, Limited Liability Partnership, Private/ Public/Govt. Undertaking, Section 8 company, Registered Society/Trust, HUF,
   http://dgft.gov.in/exim/2000/iec_anf/ieconlnapplform.htm
2. Respective Regional Officer of DGFT has to be selected referring to the LIST OF REGIONAL AUTHORITIES AND THEIR JURISDICTION provided on the official site. The DGFT Regional Officer must chosen carefully and appropriately.
3. A prescribed fee has to be paid online through various options of the modes provided.
4. The required documents must be attached, which can only be in either GIF or PDF formats as mentioned. The documents must be attached carefully as any discrepancy may cause rejection of the application.
5. After reviewing the application for correctness, take a print, sign and submit its scanned copy on the site.
6. The status of IEC registration application may be tracked on the official site.
7. A computer generated certificate shall be provided to the applicant with all the details. The authenticity of the certificate may be verified by clicking on the link “View your IEC” on the DGFT’s website

 What Documents are Required for Registration?
In case of fresh e-IEC:

1. Digital Photograph of the Signatory Applicant (Proprietor, Managing Partner, Director of the Company, Karta or the Chief Executive of Registered Society, as the case may be)
2. Copy of PAN card
3. Bank Certificate (in ANF2(I) FORMAT on the official letter head of the Bank) or cancelled cheque bearing the applicant entities name

In case of any modification of IEC, additional documents are required like:

1. Digital Photograph of the Proprietor, Managing Partner, Designated Partner/Director of the Company, Secretary or Chief Executive of the Registered Society, Karta.
2. PAN card of the applicant entity
3. Passport (first & last page)/Voter’s I-Card/ Driving License/UID (Aadhar card), any of these, for the applying entity/ applicant
4. Sale deed in case business premise for a self-owned property; or Rental/Lease Agreement for a rented/ leased office; or latest electricity/ telephone bill
5. Certificate of incorporation as issued by the RoC, Partnership Deed, Registration Certificate of the Society, Copy of the Trust Deed as the case may be

 What is Registration CUM Membership Certificate (RCMC)?
It is issued by Export Promotion Councils/Commodity board/Development authority or other competent authority as prescribed in Foreign Trade Policy or HBP Vol1, for 5 years.
avail any benefits or concession under the current FTP, a firm has to apply for an authorization to import/export and has to furnish valid a Registration Cum Membership Certificate.
The current procedure for furnishing RCMC information is manual. IEC holder has to submit the RCMC certificate in physical form to concerned Regional authority.
Requisites for the RCM are:-

1. Necessary setup for the creation of RCMC data file.
2. Class III Digital Certificate for signing the file created above
3. A self-attested copy of the IEC issued by the licensing authority (DGFT) concerned.

A self-attested copy of the Permanent Account Number (PAN)

Read More: https://swarit-advisors.it.gg/IEC-Registration.htm

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What is Patent and what does it Offer?

It is an exclusive right provided to the patentee by the government regarding his inventionfrom making, using, selling, and importing the patented product without the patentee’s permission.

By getting your invention patented, you protect your intellectual property for 20 years so that you invention cannot be copied, manufactured, sell or imported without your permission.

Additionally, patentee can offer licensing facility to others to use it, sell it in exchange of royalties

What can be patented?

·         Invention relating either to a product or process should be new.

• It should have inventive step or it must be non-obvious.
• It should be capable of Industrial application.

What cannot be patented?

The list below mentions inventions which cannot be patented as per the Act:

·         Any invention which is contrary to the established laws

·         Any invention which is prejudicial to human, animal, plant life or environment

·         Any discovery of living or non living substances

·         a literary, dramatic, musical or artistic work or any other aesthetic creation

·         Invention which is and aggregation or duplication of known properties and others whose list has already been mentioned under the Patent registration Act.

Who can apply for Patent?

·         True and First inventor or his assignee

·         In case of joint applicants the first mentioned applicant

Where can the Patent application be filed?

For resident applicant

·         Application for patent registration can be filed at the Patent Office under whose jurisdiction applicant resides ;

·         At applicant’s  domicile;

·         Applicant’s place of business ;

·         the place from where the invention actually originated.

For non-resident applicant

·         Application for patent registration can be filed at the address for service in India;

·         Place of business of his patent agent in India

How to file Patent application?

1.       Patent search- In order to ascertain the novelty of the invention, it is always advisable to do patent search before filing application at http://ipindiaservices.gov.in/publicsearch.    

2.       Filing of an Application- Application can be filed with provisional or complete specification. If application is filed with provisional specification, application with  complete specification has to be filed within 12 months from date of filing of provisional application

*Note: From 20th July, 2007 the patent application can be filed through online portal at https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin.

3.       Publication of Application- Within a period of 18 months from date of filing of application,  the application will be published in an official journal for the public to raise objections, if any

4.       Examination of patent Application- Now, patent examiner will examine the application only when the request for the examination has been generated by the applicant within 48 months from date of application. The response to the examination report marled by the objections issued to be filed within 12 months. If examiner needed, can demand for hearing of applicant or his agent

Grant of patent-If the objections are met and examiner is satisfied by the reply of applicant, patent will be granted.

Original Source- https://swaritadvisors.com/learning/what-is-patent-and-what-does-it-offer/

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Micro, Small & Medium Enterprises (MSME)

Micro, Small & Medium Enterprises Development (MSMED) Act, 2006, has been put into place to provide for encourage and ease the development and improvement of the competitiveness of Micro, Small and Medium enterprises. According to Section 7 of the Act, there are primarily two sectors – Manufacturing Sector and Service Sector, further which the classification of micro, small and medium enterprises is made.

For theenterprises engaged in the manufacture or production of goodssubject to any industry specified in the 1st Schedule to the Industries (Development and Regulation) Act, 1951, following is the classification according to the investment made in plant and machinery

(i)   micro enterprise - >25 lakh rupees;

(ii)  a small enterprise-more than 25 lakhs, but more than 5 crore rupees;

(iii)  a medium enterprise–more than 5 crore but less than 10 crore rupees.

For the enterprises engaged in providing or rendering of services, the classification is according to the investment made in the equipment

(i)    a micro enterprise ->10 lakh rupees;

(ii)   a small enterprise– more than 10 lakhs, but more than 2 crore rupees;

(iii)  a medium enterprise - more than 2  crore but less than 5 crore rupees.

For calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other items as per the notification are excluded.

What are Features of MSME Registration?

1. Only an entrepreneur having valid Aadhar Number shall be eligible to apply for MSME Registration Online. At present Aadhar Number is mandatory for issuance of MSME Certificate
2. The MSME certificate is a permanent certificate with lifetime validity
3. After filing online MSME application form, the MSME/SSIRegistration Certificate shall be issued immediately
4. No physical copy of MSME Certificate shall be issued

What Is The Procedure to Obtain an MSME Registration Online?

The procedure is easy and straight forward. Following details are required to be submitted:

1. A valid Aadhaar number
2. Name of the applicant as per the adhaar card
3. Social category to be selected form the given options
4. Gender
5. To be mentioned if physically handicapped
6. Name of the Enterprise/ Business that will be printed on the MSME Certificate
7. Type/ Structure of organization – Sole proprietorship, LLP, HUF etc
8. PAN number
9. Location of the plant
10. Office address may be mentioned if is different from the plant address
11. Mobile number of the applicant
12. Email ID of the applicant
13. Date of commencement of the Business
14. Bank Account number and the IFSC number
15. Main business activity – Manufacturing or Service
16. Sub-category of the business category to be selected, which is associated with a 2-digit NIC code.
17. Additional Details of the business
18. Number of employees
19. Total investment made in the plant & machinery / equipments
20. A scanned copy of Adhaar card has to be attached in jpg format

Original Source- https://swaritadvisors.com/learning/micro-small-medium-enterprises/

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