LLP Registration Process in India

“It is not only one person’s work; it’s really a partnership and collaboration during all these years”    —     Christo.

Partnership is an agreement between two or more person who come together to carry forward certain objectives or certain goal which the can achieve together. It is a type of business organization which is governed by the PARTNERSHIP ACT 1932 where is any partner want to start any this kind of business than they will governed by this Act and all the Laws will be held upon them and in this the liabilities of the partner are unlimited which is a short coming of this Act in a long run to each of the partners as in short we can say that fault of one and all will suffer for it.

Partner act as a mutual agent for the entire partner i.e. “One for all and All for one” . Thus it serve as a one of the major disadvantage of the Act so the formation of partnership become less so in order to cope up with this problem government took the great initiative to promote partnership.

So, in order to reduce the disadvantage of the partnership and to encourage the benefit of the company a new thing has been brought up in the year 2008 which is known as Limited Liability Partnership Act 2008. This Act has been brought forward to reduce the disadvantage of the partnership, some of the major problem which are repaired in this Act are

• LIABLITY OF THE PARTNER: – in partnership we have seen that the liabilities of the partner are unlimited but in case of LLP liability of the partner are limited to an extent which clearly says that in case of any dispute with any one the liability of each partner are limited and each partner has to bare the risk for their fault.

• REGISTRATION PROCCESS: – In the Partnership Act 1932 there is no compulsion over the partner to have written registration but with the introduction of Limited Liability Act 2008 paved the way which made it compulsory to make the registration of the Limited Liability Partner.

• COMPANY FEATURES: – As earlier said that the LLP contain the advantages of the company so some of the major advantages of company are perpetual succession, created by law, separate legal entity and common seal where as in case of partnership this was not talked about.

REGISTRATION PROCESS OF THE LIMITED LIABLITY PARTNERHIP(LLP)

As discussed above that is somewhat similar to the registration process of the company so the registration processes are as follow: –

STEP I

   DIN NUMBER

The first step towards registration of LIMITED LIABLITY PARTNER is DIN NUMBER which stand for Director Identification Number for the formation of the private limited company which requires minimum two partners to start a Limited Liability Partnership and each partner has give there DIN NUMBER being it Foreign national or native.

For the acquisition of a DIN number one must give the following document which is required by each partner to provide to get DIN number are:-

• Copy of a PAN Card
• Address proof (which could be a copy of a Adhar card , Voter ID, Driving License or pass port)
• Pass port size photograph.
• Email Address
• Mobile Number
• Annexure which must be verified by the signature

Each of this document must be attested by the individual.{In case of foreign national there passport is mandatory and the address proof must not be older than one year and both the document must be notarize by the consulate of Indian embassy}

After these thing will be submitted than each partner will allotted there DIN number.

STEP 2

Application for Digital Signature Certificate (DSC)

     Both the partner need to apply for the digital signature with that they too have to attach the various document i.e. identity proof and  Address proof which should be same as of DIN . Partner has to put the photograph and has to make signature across the photo and stick on the form for digital signature certificate.

STEP 3

APPLICATION FOR NAME APPROVAL

For the name approval one has to fill the e-form1 available at www.llp.gov.in for the enquiry about the name availability about the firm. In addition to it partner has to mention its own name preference about the name which may be considered if it fulfill the Guidelines of Ministry of Corporate Affair.

STEP 4

GOVERNMENT VERIFICATION OF FORM AND DOCUMENT SUBMITTED

After the form  1is submitted than it is put for the verification process in depth by the register of the partnership firm and if any correction is required than he will inform about the same.

STEP 5

FILLING THE SUBSCRIPTION STATEMENT AND INCORPORATION DOCUMENT

Soon after the Form 2 has been verified than partner has to fill the e- Form 2 i.e. SUBSCRIPTION STATEMENT AND INCORPORATION DOCUMENT which would attach two documents.

1. Address Proof
2. Subscription Statement and Incorporation Document (which must be signed by both the partners and professionals shall witness)

  STEP 6

CERTIFICATE OF INCORPORATION

When the registrar is satisfied from all the documents and clearly verified the entire documents than he has to send the soft copy of Certificate of Incorporation via mail and hard copy via post.

STEP 7

DRAFTING OF LLP AGREEMENT

LLP Agreement has to be drafted and printed on the stamp paper {Stamp duties must be applicable as per the states to state} and need to be signed by both the partners in the presence of two witness.

STEP 8

FILLING UP OF LLP AGEEMENT

After receiving the Certificate of Incorporation within 30 days partner has to fill its LLP Agreement which is Form 3.

STEP 9

APPROVAL OF FORM 3

Last step towards the registration of LLP is approval of form3 if the registrar is satisfied from all the documents and every information than he will approve the form. From then partner can start their work legally as there firm got legally existence.

These are the few steps that a LLP should follow for the setting up and registration.

Author: This blog is written by  Mr. Aman Verma, student of Bharati Vidyapeeth Deemed University New Law College, Pune, a passionate blogger & intern at  Aapka Consultant.

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Documents Required for Copyright Registration in India

Copyright is the original work of any person which needs to get legal recognisement so that no one else will able to copy the same for instance if someone have made some movie or some song it need to get register under copyright which shows your ownership upon a particular thing.

DOCUMENTS REQUIRED

List of Documents required that one has to be submitted either by Hand or By Post along with application form. According to the work every one has to submit the different documents which are

1. Artistic:- Documents he need to submit are as follow

• 2 Copies of work (whatever he done the creativity)
• DD /IPO of the amount according to the work and quantity per work
• NOC is required from the artistic if applicant is different from Artistic.
• NOC from publisher if work published and publisher is different person.
• NOC from person whose photograph appears on the work.
• If the application for the copyright is being filed by any ways from the attorney, a specific Power of Attorney in original duly signed by the applicant and that must be accepted by the attorney.

2. Cinematograph Film:- Documents required are as follow

• 2 Copies of work
• DD/IPO of Rupees as per work
• NOC from various copyright holders or copy of agreement.
• NOC from publisher if work published and publisher is different person.
• If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

3. Music: – Documents required for this are as follow

• 2 Copies of work (Graphical Notes)
• DD/IPO of Rupees as per work
• NOC from publisher if work published and publisher is a different person.
• NOC from author if applicant is other than author.
• If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

4. Software: – Documents required for software copyright are as follow

• 2 Copies of work
• DD/IPO of Rupees as per work
• NOC from author if author is different from applicant.
• NOC from publisher if work is published and publisher is a different person.
• If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney source code and object code of work for verification.

5. Sound Recording: -Document required for copyright registration are as follow

• 2 Copies of work
• DD/IPO of Rupees as per work
• NOC from various copyright holders or copy of agreement.
• NOC from publisher if work published and publisher is different from applicant.
• If the application is being filed through attorney, a specific Power of attorney in original duly signed by the applicant and accepted by the attorney.

*Application must be signed by the applicant only who is applying for copyright.

Author: This blog is written by  Mr. Aman Verma, student of Bharati Vidyapeeth Deemed University New Law College, Pune, a passionate blogger & intern at  Aapka Consultant.

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ATTACHING CAR WITH MERU CABS ONLINE

The Cab business is emerging as one of the fastest growing business in India. The high growth can be attributed to the increasing demand in metro cities like Mumbai, Delhi and Bangalore as people opt for travelling in well maintained cabs. Further, the increase in demand is fuelled by the growth of information technology as many of the cab services now use mobile based applications to attract customers.

MERU Cabs is one of the first to launch Radio Cabs in the country. It is headquartered in Mumbai and spread across 24 cities. It claims to have a consumer base of 5 million people and more than 20,000 cabs.

The name “Meru” is derived from the symbolic mountain of the gods, an icon of unshakeable reliability and character – a core value which lies at the heart of Meru’s promise to its customers.

To attach one’s car with MERU is a very simple and easy process. The following steps should be followed:

1. Buy a car or use your existing car (Toyota Etios Liva, Ford Figo, Tata Vista Quadrajet)
2. Enrol it under the Meru Genie Cabs service. https://genie.merucabs.com/attach-your-car/
3. Meru Genie will provide bookings and duties.
4. Provide service to Meru Genie customers and collect your charges.

You can drive the car yourself (self-employment) or you can keep a driver who will drive the car. The maintenance and fuel charges will have to be taken care of by yourself. MERU will direct you the customers whenever a request has been received.

Author: This blog is written by  Ms. Afreen Hashmi, student of National Law University-Jodhpur, a passionate blogger & intern at  Aapka Consultant.

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IMPLICATION OF CHEQUE BOUNCE IN INDIA

Before we study about cheque bouncing, we should know about few basic terms. Which will help us in knowing cheque bouncing term better. Cheque bouncing is also known as cheque dishonored. Cheque is a negotiable instrument. Cheques are issued either for the reason of statutory requirement or for the reason of securing proof of payment. This instrument has to be deposited into his bank account. There are two parties involved in it “Drawer” and “Drawee”. It is advisable not to keep blank cheques. A validity for cheque is 6 months and after that cheque is known as “stale cheque”.

Cheque Bouncing happens when a cheque becomes due for payment on the date mentioned on it. Before issuing, a cheque author (Person who pays) of the cheque should ensure that he has sufficient funds in his account otherwise it would bounce with remarks ‘insufficient funds’.  Bouncing in common parlance is referred to dishonor of cheques.Cheque bouncing is a criminal offence. There are specific punishment under the Negotiable Instruments Act, 1881. Since 1881, there are many provisions were added in this act for better functioning. Under section 138 of Negotiable Instruments Act, 1881 or depending upon the circumstances of the case, an aggrieved party can also file a suit against you for cheating or fraud. However, if your cheque has bounced due to technical reasons, then you will be liable to pay penalty only and it will not be a criminal offence. Penalties may differ from bank to bank and reason to reason or country to country. In India, Bank charges double penalty if they find any invalid reason of cheque bouncing or if they find any part of cheating and fraud. It only stated as a criminal offence if cheques bouncing is caused due to insufficient balance in other party account. Other party can also claim double amount mentioned on cheque or 2 years imprisonment under the Negotiable Instruments Act, 1881.

Other Implication can also affect the functioning of party in bank. Even if the aggrieved party does not file a suit or does not claim against you, it may impact on your credit worthiness. Whenever, you apply for a loan, bank usually asks for your last one year account statement. All such dishonoured cheques are reflected in your account statement. With so many cheque bounces credit worthiness of a party declines. Afterthis instance people may also refuse to deal with you for they may consider you as a bad debt.

CONDITIONS FOR PROSECUTION

Law prescribes certain conditions to be fulfilled in order to attract provisions of Section 138. There are certain restrictions and limitations which a party cannot exceed.

• The cheque should have been drawn by the drawer on an account maintained by him.

• It should have been returned unpaid either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank.

• Cheque must have been issued towards discharge of a debt or legal liability.

• If after receiving the notice, the drawer does not make payment within fifteen days from the date of receiving such a notice, then he commits an offence punishable under Section 138 of the Negotiable Instruments Act.

Author: This blog is written by  Mr. Shubham Dave, student of College of Legal Studies, UPES, Dehradun, a passionate blogger & intern at  Aapka Consultant.

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LEGAL DOCUMENTS REQUIRED TO START A RESTAURANT IN INDIA

LEGAL DOCUMENTS REQUIRED TO START A RESTAURANT IN INDIA

India is experiencing a shift, where traditional professions are giving way to non-conventional ways. The youth now has the ‘entrepreneurship keeda’ which allows them to take risks. Thus, we see a lot of people venturing into the restaurant business in India. With the growing social trend to eat outside and ordering food from anywhere; at any time, the restaurant business is trying to keep up with the growing demand. With such high demand, restaurants seen to be a profitable venture. So, a lot of people decide to open a restaurant. But before you start a restaurant you need to keep the following legal documents ready:

1. Food Safety License – The Food Safety and Standards Authority of India (FSSAI) has been established under Food Safety and Standard Act 2006 is an agency of the Ministry of Health & Family Welfare, Government of India which is responsible for protecting and promoting public health through the regulation and supervision of food safety measures. While the requirements to get, a license vary slightly by state; obtain a localized kitchen facility, obtain a food vendor’s license application from your local health department, and complete the food vendor’s license application.
2. Eating House License – Eating House’ means any place to which the public are admitted, and where any kind of food or drink is supplied for consumption. This license is provided by Licensing Police Commissioner of that city.
3. Environmental Clearance–NOC is required from the Pollution Control Board of the place where the restaurant is to operate.
4. NOC from the Fire Department – The restaurant should also have equipment’s to put out fires, in addition to NOC.
5. Liquor License – In case liquor is served at the restaurant, one should get a license from the local excise commissioner of that city.
6. Shop and Establishment License – Application must be made to the Chief Inspector of the area and the license should be renewed as prescribed under the Act.
7. Trade/Health License – The restaurant should get a trade or health license which is issued by the municipal corporation or the health department of the area.
8. Music License – To play a sound-recorded music in a restaurant, you need to register with PPL (Phonographic Performance Limited) for it exclusively controls public performance rights in respect of music which is sound-recorded as the music is. For example, if you are playing the songs of Chennai Express from a CD then you should take the licence from PPL. On the other hand, if only musical scores and lyrics are used, like in live concerts, then you have to take the licence of IPRS(Indian Performing Rights Society).
9. Signage License – Law requires licensees to display of certain signs in and around gaming areas and licensed premises. This license can be obtained from the local civic authorities.
10. Approval from Weights & Measures Department – As per the Legal Metrology Act, 2009, you have to go for the Approval of models of weighing & measuring instruments from the Weights & Measures Department.

The abovementioned list is not exhaustive.

Looks like it’s easier to eat food at a restaurant than opening restaurant!

Author: This blog is written by  Ms. Afreen Hashmi, student of National Law University-Jodhpur, a passionate blogger & intern at  Aapka Consultant.

How Aapka Consultant can help you:-

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MATTERS REQUIRING COMPANY BOARD APPROVAL

Introduction

A board of directors is the body elected or appointed members which looks upon the functioning of the government.A board of directors’ activities are determined by the powers, duties, and responsibilities delegated to it or conferred on it by an authority outside itself. These matters are typically detailed in the organization’s rules. These documents commonly also specify the number of members of the board,ow they are to be chosen, and how often they are to meet. However, the constitution and bylaws rarely address a board’s powers when faced with a corporate turnaround, restructuring, or emergencies, where board members need to act as agents of change in addition to their traditional fiduciary responsibilities.The voting members chooses the members of the board. However the board is claasified into 2 groups :

1. Stock Corporation

2.Non-Stock corporation

In Stock corporation, the shareholders select the Chief Executive officer and who works as chief of the corporations. In Case of Non stock corporations, there is no membership of general voting. The board is supreme in executing the functions of business organizations/companies. They are also called as Board of governors, board of trustees etc.

Functions of Company Board

A company board meeting held in once a quarter of the starting or end of the financial year. It varies from companies to companies. The main work of the executive board is look upon the problems which the company is facing and make out the solutions for the problems. The company board also looks upon the various matters of Mergers and acquisitions, Adding a product line etc.The company board also looks upon the debt and equity matters of the company. In a Financial year a company is sufficient to distribute the dividends to the shareholders of the company. Basically the duties of the company board is to look upon the annual budget of the company, selecting and appointing Chief executive officers, chairman or the managers of the company at senior level positions.The policy framework is the most essential part of the company board. The company board looks upon the ‘Basic Ammenties’ of the company.

Process and structure of Company board

In India Institute of Company Secretaries of India (ICSI) looks upon the matters of the company in relation to the rules prescribed by the Government of India.Every business organization/Company must adhere to the rules stipulated By the ICSI.According to the studies board of directors does not consist of more than 7 members as it reduces the level of effectiveness in making decision in relation to the firm. In case of stock corporations, The corporations must have to adhere to the rules stipulated by Securities and Exchange Board of India (SEBI). The company Board mainly consists of The persons who has high quantity of shares in the company, The Chief Executive Officer, The company secretary ,The legal advisor and other members coming from various senior positions.In mostComman law countries, the powers of the board are vested in the board as a whole, and not in the individual directors.However, in instances an individual director may still bind the company by his acts by virtue of his ostensible authority.

Approval of company board on Matters

The company board act as main functionary of the organizations which helps in smooth function of the business organizations/Corporations or Companies. There are some matters that can not be come into force without the approval of the company board. Some matters need prior approval of the board like :

• amendments to the certificate of incorporation or bylaws;

• equity grants or transfers (whether stock, options or warrants);

• distributions to stockholders;

• borrowing or lending money;

• adopting an annual budget;

• hiring or terminating members of senior management (or amending the terms of their employment);

• adopting employee benefit plans (401(k), profit-sharing, health insurance, etc.);

• a sale or other distribution of all or substantially all of the assets of the company;

• a dissolution or winding up of the company; and

entering into any agreements that could be of material importance to the company (intellectual property licenses, customer contracts, vendor contracts, consulting agreements, office leases, equipment leases, etc.).

Conclusion

Company board is the most essential part of the business organizations. Company boards act as main functionary of the company. The company board looks upon the various matters of the company. Its is hard for an organization to look upon on the cluster of problems arising in the business organizations. Thus, company board or board of directors discuss and decide on various serious matters of the company which helps in smooth functioning of the company.

Author: This blog is written by  Mr. Aayush Goel, student of Delhi Metropolitan Education (GGSIPU), a passionate blogger & intern at  Aapka Consultant.

How Aapka Consultant can help you:-

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• We available every time to solving your legal queries.
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HOW TO SELL ON SHOP CLUES: SELLER REGISTRATION

HOW TO SELL ON SHOP CLUES: SELLER REGISTRATION

The importance of e-commerce is increasing day by day. In today’s era, electronic trade and commerce have emerged as a big industry. The ease and convenience it offers the public at large is incomparable. People are slowly accepting and relying on the whole concept of online shopping. There are various websites which acts as an interface to sell and buy various products and offer also certain services. These websites have to keep in mind the convenience of customers as well as the sellers.

Shop clues is one of the online shopping website and offer great deals to its customers. It has a fixed process on how you can sell your product on shop clues. Shop clues is  an online channel and communication platform that connects sellers and buyers but the buying and selling is the contract between buyers and sellers. Shop Clue is a Business- to Consumer shopping platform. A seller can be a person who is retailer, reseller, brand owner, manufacturer, franchise holder etc. The basic procedure to be followed to sell the products on Shop Clues is as follows:

1. Registration of Merchants

Visit the website :- http://storemanager.shopclues.com/vendor.php?dispatch=auth.login_form&return_url=vendor.php and signup by step- by-step process. Three basic requisites need to be kept in mind; i.e.

1. Contact Information of the Seller
2. Bank Details, including PAN Card No, Account No., Account Type etc.
3. Service fee agreement; fee charged on fulfilment of online order is to be deliberated upon.

After this you will get your store front URL (webpage) with your Logo, store name and products’ listing.  The merchant will have a website in its own name.

While providing the basic information, order pick up location is to be provided as Shop Clues or any of its courier partners will pick up the items sold by you at Shop Clues.

2. Upload the product pictures

After successful registration on Shop clues, you can have access to your online store at Shop Clues and can upload the pictures of product for selling from anywhere using the internet. There are three basic ways of uploading product:

• One-by-one upload
• Express upload
• Bulk upload

Along with uploading pictures give product description (colour, size, key attributes), information relating to quantity, price, discount offered etc. You can change these variables any time and also upload any number of products on Shop Clues. Make sure that the information is accurate; the buyers will buy the products on the basis of information provided on the web portal. Also, while listing the price, compare the price in other channels and give a competitive pricing to your product.

3. Delivery of Order

Once the order is received from the buyer to the merchant, the delivery; which includes pick, pack and ship process is provided by Shop Clues.

4. Fees and Payment to Shop Clues

The payment policy of Shop Clues is such that you need to pay, when you sell the product through Shop Clues. They do not charge for listing of the product on their website and nor they charge for creating your shop on their web portal. The fees a merchant need to pay Shop Clues depends on the product which he sells. A certain percentage of the payment received by the merchant is to be paid to Shop Clues. Also, the pricing component for the merchants can be divided into two parts;

• Listing Fee: Shop Clues does not charge a mere listing fee, but if merchant wants more visibility and run promotions, then several marketing programmes are offered at a fee.

• Selling service fee: When a transaction is successfully completed or executed then a selling service fee is charged. A percentage of final sale value is to be paid as a fee to Shop Clues for successful transaction.

Online payment received by the merchant is handled by Shop Clue on behalf of merchant and the same is transferred to merchant’s account after deduction of selling service fee by Shop Clues.

This sums up the whole process of ‘selling’ products on Shop Clues.

Author: This blog is written by  Ms. Raina Verma, student of SVKM’s NMIMS School of Law, Mumbai, a passionate blogger & intern at  Aapka Consultant.

How Aapka Consultant can help you:-

• Get free expert consultancy from experts.
• We available every time to solving your legal queries.
• Get one stop solution for all legal compliances.
• Process application within 24 Hours.
• Trusted by Most Valuable Startups.
• We Understand Startup Budget & their needs.
• Get quality services at pocket price.

Visit: Aapka Consultant to get Online Services of CA CS & Lawyers.