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Six Steps of Limited Liability Partnership Registration

What is a Limited Liability Partnership?

This type of business entity, Limited Liability Partnership (Limited Liability Partnership), was introduced in India in 2008 with the enactment of the Limited Liability Partnership Act, 2008. This

hybrid firm has characteristics of both a partnership firm and a limited liability company. Here, two or more individuals invest their money in a particular business to earn a high profit. The mutual privileges and obligations of the partners are standardized by the partnership agreement.

Requirements for the formation of a Limited Liability Partnership

Minimum of two partners, two designated partners, and office location within Indian territory. There is no specific minimum authorised share capital requirement to form an LLP.

Documents Required for LLP Registration

Documents are required from Partners

Aadhar Card of the partners

PAN Card of the partners

Photo of the partners

Residential Proof

Bank statement not old before two months

Documents for registering a Limited Liability Partnership Company

Rental Agreement

EB Receipt

NOC

Six Simple Steps for Limited Liability Partnership Registration in India

The Registering authority for Limited Liability Partnership is the Registrar of Companies. The procedure is explained in this article in simple six steps.

Step 1: Name Approval

The primary step for Limited Liability Partnership Registration is to apply for name approval before the ROC Registration Authority by submitting the objects and the Limited Liability Partnership Name. But before that, the company name can be checked by ourselves for availability using the ROC Portal and Trademark Registration Website.

If the name is distinct enough, the registrar of Companies shall allot the name.  RUN-Limited Liability Partnership is a simple and easy-to-use web service for reserving a name for a new Limited Liability Partnership.

Step 2: Obtain a Digital Signature

The next step to registering a Limited Liability Partnership is to get digital signatures for all partners. A digital signature is used to sign all online application forms and government regulatory processes such as ROC registration, GST return, IE code application and more.

This digital signature is mandatory for all partners in Limited Liability Partnership.

Step 3: Apply for DPIN

Once you get the digital signature, you can apply for a Designated Partner Identification Number (DPIN) by submitting the necessary documents before the Registrar of Companies. Documents required to obtain a DIN Number are Aadhaar Card, PAN Card, Passport Size Photograph and Residence Proof.

After verifying the same, the Registrar of Companies shall assign a unique number known as the DPIN Number.  Form DIR-3 is required to get the Designated Partner Identification Number

Step 4: Incorporation Certificate

By submitting the Form for Incorporation of  Limited Liability Partnership the Registrar of Companies shall issue the Incorporation certificate for the Limited Liability Partnership.

Step 5: Submission of Limited Liability Partnership Agreement

This Limited Liability Partnership Agreement governs the mutual relationship, rights, responsibilities and duties of the partners. The necessary form for submitting the Limited Liability Partnership Agreement before the registrar of companies is Form 3.

The agreement should be submitted within 30 days from the date of Incorporation of the Limited Liability Partnership.

Step 6: Obtain a PAN Card

The final step in the formation of a Limited Liability Partnership is to apply for an online PAN Number in the name of the Company. Once you obtain the PAN Card, you can open a Current Account in the name of the Limited Liability Partnership.

Advantages of LLP / Limited Liability Partnership Registration

Easy to incorporate

No minimum share capital required

No limit for maximum partners

Protection against liability

Separate legal entity

Property can be bought in the company name

Can be extended after the death of partners

Partners may retire or resign

Fewer compliances

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How to Register a Private Limited Company

What is a Private Limited Company?

The most popular type of entity which is aptly suitable for small businesses.

A private Limited Company is an independent legal entity administered and governed under the Indian Companies Act, 2013 under the Ministry of Corporate Affairs.

In this type of entity,  the liability of the shareholder is limited by its shares or guarantee.

It is a privately held company and its name ends with “private limited” which adds credibility to your firm.

Procedure to register a Private Limited Company:

Step 1: Name Approval

You can choose a Unique Name for your company that is proposed to be formed. The proposed name should be in accordance with the regulations of the Companies Act and Rules. The name of a Private Limited Company should be in the form mentioned below:

A company name should have three parts. The first part must be a uniquely Coined term. The second part should describe the business activity of the company and the third part should end up with its type of entity.

Example:

First part: ‘Sidco’, a unique Prefix

Second Part: ‘Chemicals’, this is a company that manufactures certain raw acids and chemicals, hence the middle name can be chemical/formulation/acids etc.

Third Part: The name should end with the entity type ir ‘Pvt Ltd’,

“Sidco Chemicals Private Limited”

Form INC 1 is the appropriate form for applying for a company name

Step 2: Digital Signature

A digital signature is a form of electronic fingerprint which is used to sign any online documents electronically. Mostly used in business for the purpose of filing ROC compliances and GST returns.

Every shareholder in a company obtains a Digital Signature for filing the registration documents before the Registrar of Companies. The specific form of Digital signature suitable for Company Registration is a Class 3 digital signature.

Step 3: Director Identification Number

Director Identification Number is shortly known as DIN or DIN number, to be obtained by all the directors of a Company. As per section 153 of the Indian Companies Act, every individual who wants to be a director in a company needs to obtain the Director Identification Number (DIN).

Director Identification Number or DIN is an 8-digit unique identification number which is allotted to every director by the Central Government.

Step 4: MOA and AOA

A Memorandum of Association is one of the important documents for forming a limited company and it describes the ‘objects’ on which the company is to be formed. It identifies the scope of its operation and determines the boundaries that the company cannot cross.

Article of Association is a document that defines the Rules and Regulations of the operation of a Company. AoA is like the constitution of a company. It describes the rules and regulations governing the internal affairs of a company.

Step 5: Submission of documents

The list of documents that are required for filing a Private Limited Company Registration are:

For Shareholders:

Aadhar Card

PAN card

Residential proof

Passport size photo

Address proof for Office Premises:

Rental agreement or lease agreement

Property tax receipt

Utility bill

No Objection Document (NOC)

Step 6: Certificate of Incorporation

Once the Company Registration process is completed, the Registrar of Companies will issue a certificate of incorporation and it will be sent to the registered email id.

A certificate of incorporation is a legal document that shows, the company has been incorporated by the ROC. In short, it is the company’s birth certificate.

Obtain PAN Card and TAN

The full form of PAN is the Permanent Account Number and it is the tax identification of the firm that tracks the transactions of the company, which is monitored by the Income Tax Department.

Tax Deduction Account Number is a full form of TAN, also issued by the Income Tax Department. It is a ten-digit alphanumeric number which is obtained from the official website of NSDL.

Advantages of Private Limited Company:

Build credibility

Basically in India, the name Private Limited adds more credibility to your company. A good example of this statement is “TATA Electronics Pvt. Ltd”. We all know the fame of Tata groups. I hope now you understand the credibility of Private Limited Company.

Attract investors

In this twenty-first century, everything is about money, even a good idea or innovative invention needs money to popularise, but the major problem is that people who have an idea do not have enough money.  Every famous and great entrepreneur faces this situation, for example, Steve Jobs, Elon Musk and many others. To overcome this problem, many entrepreneurs are searching for investors. At this time the name Private Limited Company attracts investors to your company.

Eligible for Startup India Scheme

Startup India is a subsidy scheme which is provided by the Government of India to encourage young entrepreneurs and enhance the economic growth of India. To avail of this scheme, you need to register your company as a Private Limited Company or Limited Liability Partnership.

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What is a Public Limited Company Registration

If it is a small-scale business activity, we can utilise the fund available from our savings or pledge some gold and can start the business activity. If your business idea involves money beyond your savings or affordability, we can look for some partners who can invest. But if it requires huge investment, we can look for public investment, which is possible through a public limited company.

What is a Public Limited Company?

A Public Limited Company is a separate legal entity which offers its shares to the public through the stock exchange. This type of company enjoys the privilege of limited liabilities and this would be more suitable for medium and large-scale businesses. Just like other companies, a Public Limited Company is also registered as per the rules and regulations of the Companies Act, 2013.

What are the Requirements for Public Limited Company Registering

Minimum 7 shareholders

Minimum 3 directors

Minimum of 5 lakhs of share capital

Office space

Public limited company disadvantages and Benefits

Large investment: The Capital requirement of the public limited company can be raised by way of selling the shares in public through the stock exchange. So public limited company is more suitable for large-scale businesses

Limited Liability: Many times businesses need to borrow money and take some high level of risk. In case of any loss or damage, the shareholder’s risk is limited to its share value

Improved Capital Of The Company: In a public limited company, the general public is invited to buy the shares of the company. Therefore, anyone can invest in a public company that improves the capital of the proposed company.

Fewer Risks: Since public companies can sell their shares to the public, it lessens the scope of unsystematic risks in the market.

Listing in stock exchange: The shares of a public limited company can be bought or sold in seconds on the stock exchange market. Thus, making it convenient for the investors and shareholders to acquire a part of the company.

High Credibility: Investors perceive a public limited company as more reliable and trustworthy, increasing its credibility.

Can NRI be a Director?

Yes, an NRI or foreign national can be a director in a Public Limited Company after obtaining a Director Identification Number. However, at least one Director on the Board of Directors must be a Resident of India.

How to choose the name for Public Limited Company Registration?

The company name is the most important part of registration & hence should be selected with great care. Here is the name format

ABC (Prefix) + Technologies (mid name) + Limited (sufix)

# ABC – Prefix: The prefix should reflect your brand name and should be unique. I.e. no it should not match with any existing company or trademark. An example of a prefix i.e. your first word is TATA, Reliance, Hubco etc.

# Technologies – mid name: It is regarded as the second word of your company name. This should reflect your main proposed business. E.g., if you are into a technology company, then write technology, for the steel business, you can use TATA Steel Ltd.

# Limited – sufix: The last word must end with “Limited”. This word indicates that the company is not private and limited means capital is limited.

Documents required for public limited company Registration

Address proof of all the shareholders

Pan card of all the shareholders

Passport size photo of all the shareholders

Lastest savings bank account statement of all the shareholders

Rental deed for the office premises

EB receipt of the office premises

What is public limited company Registration and process

Step 1: Name Approval

Before filing the registration application, name recognition provided by ROC is essential. The important thing to remember is that the name must be unique.

Step 2: Apply For The Digital Signature Certificate

Digital Signature is a digital code used to sign a digital form. Registering a Public Limited Company is an online process, so signing the form on the MCA portal is only possible with a digital signature. It is also used for filing income tax returns.

Step 3: Apply For DIN

The full form of DIN is Director Identification Number. DIN is mandatory for all the directors. Government introduces DIN to prevent fraudulent activities. A person can obtain only one DIN and with this DIN, he will be the director of twenty companies.

Step 4: Filing of documents

After obtaining all the above-mentioned documents. The company director needs to log in to the MCA portal to fill out the form. Fill up all the details correctly and submit the required documents without fail.

Step 5: Certificate of incorporation

After examining the application, the Registrar of companies will issue the certificate of incorporation.

So by now, you are clear about registering a Public Limited Company. To know more about Business and Registrations, follow us.

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What are the Advantages of Limited Liability Partnership

If you are starting a business along with two or more friends, you have many options for registering a business, such as Partnership, Private Limited, public limited and among that Limited Liability Partnership registration is an alternative corporate business entity which gives the benefits of limited liability of a company and the flexibility of a partnership. It was introduced in 2008 and the governing act is the Limited Liability Partnership Act, 2008.

Registration of limited liability partnership and Eligibility:

The incorporation of a Limited Liability Partnership firm requires two partners, two designated partners (the same partners can also be the designated partners), and an office space in Indian territory. No minimum share capital is required.

What are the steps involved in the Registration of limited liability partnership (LLP)?

Step 1: Name Approval

Step 2: Get the Digital Signature

Step 3: Obtain DPIN (Designated Partner Identification Number)

Step 4: Submission of Documents

Step 5: Incorporation of Limited Liability Partnership

Step 6: Submission of Limited Liability Partnership Agreement (30 days)

Advantages of Limited Liability Partnership Registration

No minimum capital contribution is required:

A major advantage of a Limited Liability Partnership can be formed without investing any minimum Paid Up capital, unlike a Private Limited Company, which requires a minimum of One Lakh share capital.

Limited Liability:

Limited liability protects the Personal assets of the shareholder from business liabilities because An LLP is a separate legal entity from the members.

Credibility

As compared with a Partnership firm, Limited Liability Partnership has higher credibility and also it helps to create a belief among the clients, investors and partners.

Attract investment from Venture Capitalists

If you plan to grow your business by attracting funds from venture capitalists, you can register a Limited Liability Partnership because an LLP supports attracting fund from venture capitalists and angel investors.

Number of partners:

Incorporation of a Limited Liability Partnership with a minimum of two partners is mandatory, whereas there is no restriction on the maximum limit of partners like other entities.

Perpetual succession:

We have already seen that a Limited Liability Partnership is a separate legal entity and therefore a change or retirement or death of partners will never affect that existence of the entity.

No Audit Required:

A Limited Liability Partnership is not required to conduct any statutory audit unless the annual turnover exceeds forty lakhs in a financial year.

Flexibility:

As compared to Private Limited or Public Limited, the functioning of Limited Liability is easier. LLP’s operations and distribution of profits are based on a written agreement between the shareholders.

Taxation:

According to the Income Tax Act, 1961 of Section 40(b), the salary, bonus, commission, interest, compensation, or any other payments are allowed for deduction. Hence, partners are not liable to pay taxes for their revenue and shares.

Dividend distribution is not applicable

In  case of a private limited company, if the shareholders withdraw profits from the company, additional tax liability in the form of DDT @ 15% (plus surcharge & education cess) is payable by the company. However, no such tax is payable in the case of a Limited Liability Partnership and the profits of a Limited Liability Partnership can be easily withdrawn by the partners.

To sue:

With a Limited Liability Partnership, you can sue your partners or vendors along with the representation of the company in case of any dispute.

Board of Director Meetings:

Shareholders are not required to hold four mandatory board meetings once a year as required by the Companies Act. Partners can meet based on their convenience or need. Partners can specify the meeting details and schedule in the Limited Liability Partnership agreement.

Separate legal entity:

A Limited Liability Partnership is considered as a separate legal person and has certain rights to own property, purchase, rent, lease, bank accounts, hire employees, draft agreements, etc. and the partners are not responsible for the liability of the firm.

Register maintenance:

All other types of companies maintain a register or documents for filing ROC but in Limited Liability Partnership, there is no need to maintain any register or documents.

Easy to dissolve:

A Limited Liability Partnership registration can be easily dissolved with a mutual understanding of the partners by submitting the resolution to the registrar.

So, in this blog, we had seen the advantages of Limited Liability Partnership or LLP, to know more about business and legal registration, follow us

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How to reply trademark objection

This article lets us learn how to reply trademark objection your Trademark Application is in Abandoned Status… Not only yours, While doing a Trademark registration search, you will find numerous applications that’s been in abandoned stage.

In Trademark Registration process, abandoned is the status where the applicant has not followed the application properly or failed to submit the necessary replies on time.

Plenty of people file the Trademark application but do not follow the application on time, specifically replying to the objections raised by the Registry.

So here in this Article, we are going to discuss the reasons for Tradeamrk objection and also the reply to the same.

WHAT IS A TRADEMARK?

A trademark is a symbol or sign which is capable of distinguishing the goods or services of one Business from those of others. In simple worlds, the term Trademark includes

Word

Phrase

Symbol

Device

Logo

How to do Trademark Registration in India?

The Trademark Registration process comprises various stages and the same is explained below.

Step 1: Trademark Registrability analysis, this is the First Step that needs to be carried out before filing a Trademark Application before the Trademark Registry. Here we will check whether the name that we want to register is Registrable or would there will be any difficulty. This is the first stage…

Step 2: Filing of Trademark Application before the Central Government. This process of filing is nothing but  submitting the necessary Application along with the Logo and user affidavit.  Once the application is submitted, the registry will allocate the Trademark Application Number.

Step 3: Examination Stage, this is the stage where the Registry will examine our application and if there is any deviation in the Name that is applied for Registration, the registry will issue an examination report. And we need to reply to the same within the Stipulated Time.

Step 4: Publication Stage. Publication of the application in the Government Gazette. Once the application is published in the Gazette, any aggrieved third party may raise opposition

Step 5: Opposition Stage: If any opposition is raised, we need to submit a reply along with Evidence of usage of our brand name. There will also be a Hearing before the Registrar by the Lawyers of both parties.

Step 6: Once the Registry is satisfied with the trademark objection reply and also the Opposition process, a Certificate of Trademark will be issued. And the certification is to be renewed every 10 years.

WHY TRADEMARK REGISTRY RAISES OBJECTION?

Trademark objection is a preliminary stage in the TM Registration process.

The mark may be objected to by the Examiner for various reasons as per the Trademark Act, This doesn’t mean that the application is refused, here, the examiner seeks the applicant’s reply for the clarifications raised.

WHAT ARE THE TYPES OF TRADEMARK OBJECTION

OBJECTION NO. 1

Section 9 of Trademark Act, 1999 says about the Absolute Ground for Refusal of a Trademark Application

Section 9(1)(a): Not Distinct:

The Job of the Trademark is to distinguish the goods of one manufacturer from that of the other, but a trademark which does not achieve the object, that is to say, not capable of distinguishing the goods from others, is called Devoid of Distinct.

Eg. A meaningless word TATA for Cars manufacturing, we can clearly say it is distinct. But a common Generic word such as “Hi or Hello” does not have any distinctiveness.

Marks consisting of single letters or two letters or numbers will be generally regarded as “devoid of distinctive character” for goods

In simple words, not The mark should be unique

HOW TO REPLY FOR the Trademark OBJECTION for Section 9 and Section 9(1)(a): Not Distinct?

The Applicant must provide proof that the trademark has a character which is unique and distinct,

Another way to overcome the objection under class 9(1)(a) is to prove the longer usage of the mark and by that we can provie Trademark gets significance in General Public

OBJECTION NO. 2

Section 9(1)(b): Describes the product:

A mark that includes or serves in trade to designate the kind, type, quality, quantity, purpose, or geographic origin, shall not be registered as a Trademark.

Eg. Fancy Number for a Sim Card Company would be considered as a mark representing the quality or value of the product and would be an absolute ground for refusal

HOW TO REPLY FOR the Trademark OBJECTION of Section 9(1)(b): Describes the product?

We can reply by stating that the Applicant’s mark can be distinguished from the goods and services it stands for.

Eg. Even though Juicy is a Descriptive Term, it can be used for goods other than food products

The Applicant’s mark has acquired distinctiveness due to its extensive use relating to the goods it stands for by a long time before the application was even made.

OBJECTION NO.3

Section 11 of Trademark Act, 1999 says about the Relevant Ground for Refusal of a Trademark Application:

Section 11(1)

A Trademark Application which is similar to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.

Eg. Adidas Vs Adimas

Section 11(2)

A Trademark Application is identical to an earlier trade mark

Eg. Eleven Steps Vs. 11 Steps

HOW TO REPLY FOR the Trademark OBJECTION of Section 11  Section 11(1) and Section 11(2)?

Honest and Concurrent usage would be the best way to defend against the refusal of the application for registration

The goods or service is not identical to that the marks shown in the objection report

WHAT ARE THE STEPS AND HOW TO REPLY TO A TRADEMARK OBJECTION?

Step 1: Read the Objection report carefully and compare the similar marks shown in the report

Step 2: Draft a Legal reply to the objection report

Step 3: Collect the evidence and prepare an Affidavit

Step 4: Submit the reply within 30 days from the date of receipt of reply

Step 5: Look for hearing

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What is a din number and how to apply for dinThere are many compliances for running a Limited Company.

Many of the companies do not follow compliance and furthermore, after collecting the public money, they close down the company without following the due process of law.

So, in order to track the activity of directors, the central government regulated the directors of the company to obtain DIN (Director Identification Number) by submitting their Aadhar card and PAN card of every director.

What is a din number or what is director identification number?

Director Identification Number or DIN is an 8-digit unique identification number allotted to every director of a company, once allotted, the DIN number has lifetime validity and is not required to renew.

Every director can hold only one Director Identification Number and cannot have two numbers even if he holds directorship for 2 or more companies.

This DIN is issued by the Central Government through the Registrar of Companies.

LEGAL PROVISION

In 2006, the central government had introduced an amendment to the Companies Act. As per the amendment, Sections 266A to 266G of Companies (Amendment) Act, 2006.

Every existing and intending Director has to obtain DIN within the prescribed time frame as notified.

WHICH TYPE OF COMPANIES NEED DIRECTORS?

Directors of every business which is registered through the Registrar of Companies need to obtain DIN Number.

For example:

A private limited company needs to have at least 2 directors and a maximum it can have 15 directors

A public limited company needs to have at least 3 directors and a maximum it can hold of 15 directors

A one-person company needs to have minimum one director and maximum of 15 directors

WHY A DIRECTOR IDENTIFICATION NUMBER IS REQUIRED?

DIN is a unique identification number which helps to maintain the database of the Directors (such as name, PAN number, current address etc.).

Hence, it prevents fraudulent activities. The DIN number belongs to the director and not to the company.

With this DIN, the person can be a director of twenty companies.

DOCUMENTS REQUIRED FOR DIN APPLICATION:

Digital Signature Certificate is required for applying for the DIN.

Photograph of the applicant

PAN Card

Aadhar card

An attested passport copy is mandatory as ID proof for foreign nationals.

THE PROCESS OF HOW TO GET DIN NUMBER AND HOW TO APPLY FOR DIN

SPICe Form:

Application for allotment of DINs to the proposed first Directors in respect of New companies shall be made in SPICe form only.

DIR-3 Form:

Any person intending to become a director in an already existing company shall have to make an application in eForm DIR-3 for allotment of DIN.

DIR-6 Form:

Any changes in the particulars of the directors shall be filed in form DIR-6

It is mandatory to inform MCA about the changes of information in SPICe/DIR-3 (like an address) through the DIR-6 form. The DIR-6 form must be digitally signed and certified by the CA or secretary of the company

To apply for DIN, the above forms are to be filed electronically. It has to be digitally signed and then uploaded to the MCA21 portal.

FEES FOR DIN APPLICATION NUMBER:

Government fee is Rs. 500 and this is non-refundable even if an application is rejected.

CAUSES OF REJECTION:

CAUSES OF REJECTION:

Various reasons are there to reject your application. The following reasons are some of the common errors made by an applicant,

Miss match of

Applicant Name

Father name

Date of birth

Address

Prefix Ms./Mr./Kumari etc.

2. Spelling mistake

3. Wrong gender

4. Submission of older utility bills

5. Dull seal

6. Invalid ID proof or address proof

7. Submit duplicate DIN applications which already pending or approved documents

8. Non-submission of required documents

9. Non- submission of photo

10. If the attached documents are not self-attested

WHY TO SURRENDER YOUR DIN?

Any person holding a valid DIN can surrender at any time by submitting the DIR-5 form for the following reasons:

The person is not appointed as a director in any company

The DIN is obtained through fraudulent documents

The director is declared unwell

The director dies

A court order is passed

In these cases a Director can surrender his DIN. And the fee for applying for the surrender of DIN is Rs.1,000/-

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Difference between a private limited company and a public limited

 companyDifference between a private limited company and a public limited company

Before starting the article, remember why you are starting a business? Difference between a private limited company and a public limited company? If you are starting a business for your tremendous growth and if you are confused about which company registration is right for your business? And if you’re curious to know, let’s get started. Through this article, you are going to see the difference between private limited companies and public limited companies.

WHAT IS A PRIVATE LIMITED COMPANY?

A company is highly preferred by startups and small businesses who have high aspirations for the company.

It is a privately owned legal entity. it was introduced by the Indian Companies Act, 2013.

it’s divided into three categories.

Limited by shares: In this type of company, shareholders’ liability is limited to amounts unpaid to the company in respect of shares held by them.

Limited by guarantee: In this type of

company, the liability of the members is limited by the guarantee mentioned in the MOA and AOA in case of any loss to the company.

Unlimited liability: In these types of private limited companies the liability of the members is unlimited. The personal assets of the members may be attached and sold in case of liquidation of the company.

WHAT IS A PUBLIC LIMITED COMPANY?

Indian companies act 2013 introduces the public limited company and is administered by the Ministry of Corporate Affairs.

It sells shares to the public through the stock exchange and collects capital in the name of investment. Hence, it is called a public limited company.

it is a type of separate legal entity like a private limited company. It has a large number of public shareholders.

In this types of company, the shareholders get profit according to the percentage of the shares. Basically, it suits a large entity.

DIFFERENCE BETWEEN PRIVATE LIMITED COMPANY AND PUBLIC LIMITED COMPANY

1. Meaning:

A private Limited company is traded and owned privately, whereas a public limited company is owned and traded publicly.

2. Transferability of shares:

The transferability of shares is restricted in private limited companies. But whereas the shares can be transferred freely in a public limited company

3. Stock exchange

The private limited company never traded its share on the stock exchange, whereas a public limited company trade its shares publicly on the stock exchange. (The private limited company can not list its shares on the stock exchange)

4. Members:

In a private limited company, it requires a minimum of 2 members and a maximum of 200 members. In a public limited company, it requires a minimum of 7 members and there is no limit to the maximum number of members in a public limited company.

5. Directors:

The minimum number of directors required for a private limited company is 2 directors and 3 for a public limited company

6. Qualification of the directors:

No qualifications are required to be a director of a private limited company but some important qualifications and management skills are required to be a director of a public limited company

7. Name of the company:

The suffix of a Private limited company ends with Private Limited. In public limited, the company name ends with Limited.

8. Capital:

The minimum paid-up capital for a private limited company is One Lakh. In a public limited company, the minimum paid-up capital shall be Rs. Five Lakhs.

9. Legislation meeting:

Mandatory for the public limited company at a regular interval but it is not mandatory for private limited company.

10. Certificate of commencement:

Not necessary for a private limited company whereas it is necessary for a public limited company.

11. Administrative salary:

No limitation in a public limited company and the private limited company, it does not exist more than 12% of the profit

12. Directors’ retirement:

In a private limited company, directors can be permanent. In the public limited company rotation of retirement is mandatory.

13. Exemptions:

The private limited company has a lot of exemptions and advantages. The public limited company has no such advantages.

14. Submitting the annual report:

Filing the annual report is mandatory in a public limited company but not required in a private limited company.

15. Financial report:

The private limited company’s financial report is not transparent to the public, whereas the public limited company shares the financial report publicly.

WHAT ARE THE ADVANTAGES OF PRIVATE LIMITED COMPANY AND ADVANTAGES OF PUBLIC LIMITED COMPANY

The private limited company and the public limited company have some common benefits too,

Limited Liability

Perpetual succession

Separate legal entity

Can attract inverts

Can accept foreign funding

Credibility

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WHAT IS A PAN CARD AND IMPORTANCE OF PAN CARD?

Let’s see the importance of pan card, PAN stands for Permanent Account Number which is issued by the Income Tax Department. A PAN number is a unique ten-digit alphanumeric number utilized for various financial-related aspects. This laminated plastic card connects all the transactions made by an individual or an entity, thus preventing evasion.

WHO CAN APPLY FOR A PAN CARD?

Individual

Partnership firm

Company

Hindu Undivided Family (HUF)

Trust

Society

Note: proprietorship firms cannot obtain a Pan card. The proprietor’s pan can be used for business.

USES OF PAN CARD

A PAN card helps to identify the transactions of an individual or an entity.

These transactions take account of income tax, Tax Deducted at Source (TDS) credits or Tax Collected at Source (TCS) credits, personal transactions, etc.

It enables easy obtaining of PAN holder’s details and various investments, loans, and other business activities.

Documents required for Pan card

01.

Individual

Address Proof and ID Proof of the Individual

02.

HUF

Address Proof and ID Proof of the Karta

03.

Partnership Firm

Copy of Certificate of Registration issued by the Registrar of Firms or Copy of partnership deed.

04.

LLP

Copy of the Certificate of Registration issued by the Registrar of Firms

05.

Company

Copy of Certificate of Registration issued by the Registrar of Companies.

06.

Trust

Copy of the Registered Trust Deed

07.

Society

Society Registration Certificate

08.

Foreign National

Passport (or) Overseas Citizen of India (OCI) Card/Person of Indian Origin (PIO) Card, Bank Statement of the residential Country

HOW TO APPLY FOR A PAN CARD?

First login to the Government portal of TIN-NSDL and navigate to the PAN section under ‘Services’ to apply online.

Fill up basic details such as name, mobile number, and email id

You will now be moving on to the next page where you need to select the way to submit the documents for your PAN card application. The three options are either submitting the documents digitally using e-KYC and e-sign, submitting scanned images via e-sign, or forwarding documents physically.

At the next step you will have to fill in the details related to your source of income and your residential address.

Finally, enter information about the documents you have submitted as proof of your identity, address, and date of birth. You will also be asked to upload your photograph and signature

PAN CARD NUMBER EXAMPLE:

Pan card number is a ten-digit number with alphanumeric characters.

First three digits are random letters from AAA to ZZZ.

the Fourth digit defines your status, whether you are an individual or a partnership firm or a company

“P” denotes Individual

“C” denotes Company

“H” denotesHindu Undivided Family (HUF)

“A” denotes Association of Persons (AOP)

“B” denotes Body of Individuals (BOI)

“G” denotes Government Agency

“J” denotes Artificial Juridical Person

“L” denotes Local Authority

“F” denotes Firm/ Limited Liability Partnership

“T” denotes for Trust

Fifth digit says your name’s first letter of the last name or surname

Sixth to ninth digits are again random numbers from 0001 to 9999

And the last digit is alphabetical check number

VALIDITY OF PAN CARD:

The validity of a pan card is lifetime validity.

WHY DO YOU NEED A PAN CARD:

Buy or sell something which is valued at more than 5 lakhs

Open a current or savings account in a bank

To get a debit or a credit card

To get loans

Opening deposits (such as fixed deposit or time deposit) of more than 50 thousand in a bank or post office

Invest in the stock market or mutual funds

For telephone connection

Often used as a proof

LOSS OF PAN CARD:

File the complaint in the police station and get an FIR copy (it prevents you from fraud)

Go to the nearby PAN office

Fill out the Form 49A with correct details

Attach the ID proof, address proof and paste the passport size photo

With the documents put cheque or DD for payment

Envelop it and post it to PAN headquarters

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How to register a  manpower outsourcing services/manpower supply agency registration

How to register a  manpower outsourcing services/manpower supply agency registration

What is manpower outsourcing services

A Manpower outsourcing services is the company that supplies the contract labourers to other organizations. In India, most of the labour community’s occupation is agriculture, besides agriculture, around 50 lakh people work in the industries.

But as there are many complex labour law-related restrictions for industries, so they prefer to hire contract workers. Hence, the demand for Manpower Agencies in India is high.

To establish an MPA company, you must obtain some licenses and registrations, such as

 Company Registration

 CLRA Registration

 ESI and PF

 GST

COMPANY REGISTRATION

A company is an asset such as land or a house. Just like how you register land, it is mandatory to register your company. There are 5 types of company registration suits for your company in India.

Sole Proprietorship

Partnership firm

Private limited firm

One person company

Limited liability partnership

CLRA REGISTRATION

The full form of CLRA is the Contract Labor Regulation and Abolishment Act 1970. It governs rules and regulations, especially for all the employers who employ contract labourers.

This act includes the wages, welfare and health, medical facilities, etc. of the contract labourers.

LABOUR WELFARE FUND

The Labor Welfare Fund was established in 1936 to promote the condition of the workers. This act provides medical care, housing, children’s education etc.

This fund is contributed by employer and employee together.

ESI AND PF

ESI stands for Employees State Insurance and PF stands for Provident Fund. If you are running a company with more than 10 employees, you have to obtain an ESI and PF license.

It provides medical benefits when the employee is sick or met with an accident.

GST

GST stands for Goods and Services Tax. It is a form of indirect tax that is collected from the buyer through the seller. If you are running a manpower supply agency, you need to pay GST for the commission amount received.

So it is necessary for every manpower supply agency to register under GST.

OTHER LICENSE

MSME

Micro, Small, Medium, and  Enterprises (MSME) or UDYAM registration is an online and paperless process which is regulated by the Office of the Development Commissioner.

It is a one-time registration. Micro, Small, Medium, and  Enterprises are considered as the backbone of the Indian economy, so many schemes are available to small-scale businesses.

To avail of these benefits, it is mandatory to get registered under MSME/Udyam

Trademark License

A Trademark Registration is mandatory for all types of goods and services.

Trademark Registration protects your company name and brand name from being copied by any third party.

ISO

ISO stands for International Organization and Standardization. This certificate is issued for the consistent quality of the company.

Even small companies can obtain ISO certifications. This ISO certification gives credibility to customers.

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What are the licenses required to start a business in India?

Why is the license required for business?

Example for a government business license, When you are born, you need to get a birth certificate, community certificate, and Aadhar card, and when you grow up as a person, he requires a Voter id, driving license, and Passport.

In the same way, once you have decided to start a business, you need to comply with plenty of legal compliances. In this article, we will understand what compliance we need to comply with when starting a Company.

A. Company Registration

Proprietorship Firm

Partnership Firm

Private Limited Company

Limited Liability Partnership

One Person Company

Public Limited Company

B. Compulsory Licenses

GST Registration

FSSAI Registration

IE Code

Pollution Control Board License

Drug License

ESI & PF

Other Licenses

C. Recommended Licenses

MSME Registration

Trademark Registration

ISO Certification

A. Company Registration

Registration is the primary process from when you are born, the parent first gets the Birth certificate, Which is conclusively prime proof of your existence.

In the same way, the prime registration for your business is Company Registration.

registration is where your business turns into an entity.

There are six types of Companies/business entities.

Proprietorship Firm

Partnership Firm

Private Limited Company

Limited Liability Partnership

One Person Company

Public Limited Company

PROPRIETORSHIP FIRM

A Proprietorship Firm is a kind of registration that allows a person to become an owner of a small business. In the sole proprietorship firm, the proprietor is completely responsible for the assets and liabilities. There is no need to hesitate about the partner to make the decisions. The proprietorship firm attains some tax benefits too.

PARTNERSHIP FIRM

Partnership firms allow two or more persons to begin an entity with mutual understanding. A partnership firm is controlled by the Indian Partnership Act 1932. It can either be registered or unregistered but the registered firm had some benefits. The profit and loss were shared by the partners.

PRIVATE LIMITED COMPANY

A Private Limited Company is shortly known as a PLC. It is an authorized firm in India. Through the Companies Act 2013, it was regulated. In this, Partnership firm transactions are never transparent. The minimum requirements are needed for register( such as a minimum of two directors and two shareholders, and the location of the firm must be in India)

LIMITED LIABILITY PARTNERSHIP

In India, a Limited Liability Partnership registration was introduced by the ministry of corporate affairs(MCA) in 2008. Under the Act 2008, it was registration that was regulated. A minimum of two partners are needed (one person must be an Indian). The main features of this type of registration are limited liabilities for each person, no compliance needed, and no minimum capital.

ONE PERSON COMPANY

Section 2 (62) of the Company’s Act 2013 drafts the rules and regulations for the One Person Company (OPC). Just one member and one director are enough (both can be a single person) to register as the firm. In this, the director or members, either an Indian resident or a non-resident of India.

PUBLIC LIMITED COMPANY

It is the opposite of a PLC in that its transactions are not transparent but the PLC is transparent. Shares of the company can be bought by the public. Under the Companies Act 2013 it was regulated. Through this firm more capital can be obtained.

B. Compulsory Licenses

Once the company formation is completed, the next activity would be obtaining the mandatory licenses.

These licenses vary from business to business. Certain licenses are issued by the Central Government and few are by the State Government.

These licenses are compulsory to obtain, failing which, there is a threat that even your business may be sealed by Government authorities.

Government has the responsibility to always safeguard the public’s interests so it has implemented many regulations to regulate business activities.

GST Registration

FSSAI Registration

IE Code

Pollution Control Board License

Drug License

ESI & PF

Other Licenses

1. GST Registration

GST stands for “Goods and Service Tax” which was introduced in the year 2016 by the Government of India. This is considered the greatest tax reform in Independent India which compiles all the indirect taxes and is made as one common tax system named GST. Every business can obtain GST voluntarily. But it is compulsory in the following aspects,

Businesses with turnover above the threshold limit of Rs. 40 Lakhs

A casual trader

A person who supplies via an e-commerce aggregator

Supply of services or goods from one state to another

2. FSSAI Registration

FSSAI Stands for “Food Safety and Standard Authority of India”. FSSAI Registration is mandatory for every organization which is involved in the food chain. This certificate is to maintain the food quality and to ensure the safety of the food.

FSSAI is compulsory for everyone who wants to do a food business. This license is not only compulsory for organizations which involve in preparing food but for everyone who is in the food chain ie., whoever handles food at various stages before it reaches the end customer like raw materials suppliers, Manufacturers, repacker, hotels, and even the food delivery partner.

There are three types of FSSAI Registration

FSSAI Central License

If the food-based entity annually yields more than 20 crores, then the company proprietor or partners shall apply for Fssai central license Form B.

FSSAI State License

If the food-based entity annually yields 12 to 20 crores, then the company proprietor or partners shall apply for Fssai State License Form B.

FSSAI Basic Registration

If the food-based entity annually yields less than 12 lakhs, then the food company proprietor or partners shall apply for Fssai Basic Registration Form A.

3. IE Code

IEC stands for Import and Export Code, which is a 10-digit code and a mandatory license for organizations that are involved in import-export activities.

Every exporter requires the IEC to send shipments and receive money from foreign banks.

4. Pollution Control Board License

The Tamil Nadu Pollution Control Board is created to ensure that the Industries are working within the permitted limits of pollution levels in the state of Tamil Nadu.

This Board issues NOC to every organization which is involved in manufacturing and also creates less pollution.

These No objection certificates are of two steps

Consent to Establish

Before establishing the industry or process, consent is necessary to acquire from the State Pollution Control Board.

It acts as the primary clearance of the establishment of the industry

Consent to Operate.

It is necessary to obtain consent to operate after the establishment of the industry to run it properly.

In this process, the respective control would physically inspect whether we follow the rules and regulations. These consents help them to issue the certificate.

5. Drug License

A drug License is permission from the government to an organization that deals with drugs.

No organization is entitled to carry on a business activity with drugs or cosmetics in India unless that organization holds a valid license that is obtained to carry out that activity.

6. ESI & PF

ESI Stands for “Employee State Insurance” which applies to any business organization with ten or more employees earning a monthly wage not exceeding Rs 21,000 covered under the scheme.

The Employees’ State Insurance Corporation is a statutory body established under the ESI Act 1948. And this ESIC is responsible for the administration of the ESI Scheme.

The ESI Scheme is to protect the employees covered under the scheme against financial distress arising out of events of sickness, disability, or death due to employee injuries.

7. Other Licenses

There are many other mandatory licenses also that are applicable for certain business activities in Tamil Nadu. They are,

Trade License

A trade license is nothing but the certificate or document which enables the commerce of the product in a particular area, issued by a municipal corporation (given by various departments of the municipal corporation depending on the object of the industry).

Shop and Establishment License

The shop and Establishment License act was introduced to protect the employee. This Act regulates the safety measure, working time, wages, lunch breaks, overtime wages rules, and regulations.

Grocery shops, garments, amusement parks, cinema theatres, and startups need this license. State Department of Labor regulated and issued the Shop and Establishment License.

Fire License

Fire licenses were generally issued by the State government. The landlord must sign the agreement ( the agreement consists of the rules and regulations ).

By submitting the land ownership agreement or rental deed, we will apply for the fire license. It is necessary for public safety.

C. Recommended Licenses

MSME Registration

The rich forms of MSME are Micro, Small, Medium, and Enterprises.

Manufacturing enterprises come under the development act of micro, small, and medium enterprises.

The Office of the Development Commissioner regulated the Micro, Small, and Medium Enterprises registration.

Trademark Registration

Trademark Registration is a simple process that helps to highlight your products or services from others.

This trademark registration forbids duplicate products. This registration grants the name production to your brand.

ISO Certification

The rich form of ISO Certification is the International Organization of standardization.

This certificate was provided by checking the product’s quality and safety. This certificate increases the believability among the people.

Quality document of the product is necessary to obtain an ISO Certificate.

Why do You Need a Business License and Permits

It is necessary to justify that your commerce or firm didn’t harm the environment or humans. Also, business licenses or permits possess a lot of benefits.

A license ensures that you run your entity legitimately. To obtain licenses, the firm has to meet some criteria. Various types of companies have different types of licenses or permits.

Without the license, the firm is illegal and may cause the firm to be a seal.

Eligibility to Apply for a Business License:

above 18 years

never possess criminal records

the products must be legitimate

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Trademark Registration in Chennai

REGISTER YOUR TRADEMARK AND PROTECT YOUR IDENTITY

What is Trademark Registration in Chennai?

Trademark Registration in Chennai is used to signify a company name, brand name, logo or trade symbol or name or label or colour combination which identifies a specific business.

TRADEMARK REGISTRATION IN CHENNAI

The word Trademark includes and means:

Company Name

Brand Name

Logo

Brand Slogans

Labels

In other words, it may be the name of the brand or its logo or the combination of name and logo. As per section 2 (zb) of The Trade Marks Act, 1999, “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors

What is Trademark Registration in Chennai

When we buy a house or a vehicle, we register the same before the local sub-registrar office and RTO respectively. In the same way, even a Company Name or a Brand name is to be registered before the trademark registrar in Chennai.

A trademark registration search in chennai gives exclusive ownership over the brand name to the owner of the mark to use the same. This means, that no third party can use the said mark without the permission of the registered proprietor.

Furthermore, this registration grants the registered owner, a right to use any third party before a court of law against misuse of the registered trademark.  

TRADEMARK REGISTRAR IN CHENNAI

Who all can apply for Trademark Registration Search in Chennai?

It is not that only a person who owns a business alone can register a Trademark.

Even a person who is about to start a future business can also register for the name that he likes.

So, the following people can apply for trademark registration search in chennai.

Individual

Proprietorship firm

Partnership Firm

Limited Liability Partnership (LLP)

Private Limited Company

One Person Company (OPC)

Public Limited Company

Society

Trust

Non-profitable Company

What all can be Registered under Trademark?

Company Name

Brand name

Logo

Product Label

Symbols

Tag Line / Phrases

Trademark Registration Process – Complete Process

Step One:

The process starts with Trademark searches in Chennai. but, before doing the name search, we should primarily understand the Trademark Classification.

Once you identifiy the classification, we need to do an effective Trademark Search and once we ensure that there is no similar or identical mark already registered, we can move for the next stage.

Step Two:

Make the opposition Government fee and obtain the receipt.

Step Three:

Counter Statement submission within 2 months of filing date.

Step Four:

Submission of Evidence by the Opponent.

Step Five:

Submission of Evidence by the Opponent.

Step Six:

Arguments between Legal Attorney of both parties.

Step Seven:

Order on the Opposition notice.

IMPORTANCE OF TRADEMARK REGISTRATION IN CHENNAI 5 Reasons Why to Register a Trademark in Chennai?

01

It provides ownership over your Mark:

The registration of a trademark grants the owner of the mark, an exclusive right to use the mark in respect of the goods that are stated in the application form for registration.

So this registration authority that the particular brand or the name belongs to the organization which owns the trademark registration.

02

It provides Legal Protection:

The Registration of a Trademark provides Legal protection to the registered owner of a mark.

That means that no third party can use the trademark of the registered proprietor without his permission.

If any duplication is found, the registered proprietor can file a suit for infringement.

03

Huge Status: A Registered proprietor can use the prestigious R symbol after the logo or the name.

This gives branded recognition to the brand. These R registered trademark symbols could be used only by the registered proprietor of the marks.

04

New business Opportunity: Once the organization gets the Trademark Registration grant, it is authorized to use the R Symbol.

As already seen, it adds value to the business, so there is a very big possibility for attracting investors and franchisees

05

Enables you to sell online:

The current trend is selling our products online through e-commerce websites like Amazon, Flipkart, etc.

When you sell online, the e-commerce portals demand Trademark Registration Certificate.

Hence the registration enables you to sell your products online.

What are the types of trademark registration searches in chennai

1. Normal Trademark

An ordinary normal trademark application refers to a Trademark Application filed an Applicant under one class.

A trademark application that is filed through Form A of the Trademark Rules is called an Ordinary Trademark Application. There are a few basic types of normal trademark applications

Word Mark: A word mark is the most common type of trademark that is filed globally, that starts from the Saravana Store to Google. In other words, it simply means a text-based mark. If your trademark consists only of words, it falls under word mark

Logo Mark: When a work mark along with a logo or if an applicant files a logo as a separate trademark application, it is called as a Logo Trademark. Here, the applicant gets the exclusive right for the word and logo.

Label mark: A trademark application that is filed for the protection of the entire product label design is called a Trademark Label. Right is granted for the entire design of the label.

2. Certification Mark

A Certification mark is used to connote the quality and standard of one specific organization or product.

The organization which satisfies the conditions of the certifying company will have the eligibility to apply for the same before the certifying authority.

The usage of the certification marks gains the trust among the general public favoring the quality of the product or service.

Eg: ISO Certification

3. Collective Trademark

This type of trademarks are used to identify a group of people and association of people. Associations, societies, institutions are typically using these types of trademarks.

Members of these organizations use these collective trademarks to express the association of them with the organizations.

They would be restricted to use the mark as soon as their membership expired.

Eg: Rotary Club Logo

4. Series Mark

A series mark is a type of trademark used by an organization to represent their product by using the said mark as prefix or suffix in their family brands.

This is to make the audience or consumers to hold trust over the series of products of the organization.

Eg: McDonald’s

5. Convention Trademark

A convention trademark means and refers to a trademark application from a foreign covenant country claiming priority in India.

In other words, an Indian application for trademark registration from a foreign company that has registration in some foreign county.

What are the marks that cannot be registered

A trademark which is very similar or identical as that of other brands

Trademarks which do not have a distinctive character. That means a mark that is not capable of distinguishing the products or services of one company as that of the other.

A trademark that is descriptive. That is to say, a mark that defines the kind, quality, or quantity of the product or service

A trademark that is hurting any religious belief or sentiments.

Marks which are prohibited by the Government of India

Documents for trademark registration

Proof of usage of the Trademark

If your trademark has been used for a long time, the following proofs can be submitted supporting the proof of the disclosed date of usage.

01

COMPANY REGISTRATION CERTIFICATE

02

OTHER LICENSES

03  

PAYMENT RECEIPTS

04

BILLS AND INVOICES

05

NEWS PAPER ADVERTISEMENTS

06

DOMAIN REGISTRATION PROOF

07

CLIENT COMMUNICATION LETTERS

08

RENTAL AGREEMENT IN THE NAME OF THE COMPANY

09

BANK STATEMENT

The above proofs need not be submitted if the mark is a proposed to be used mark.

Process for Trademark Registration in chennai

The appropriate authority for registering a company name or brand name or logo is filed trademark registrar in chennai.

The entire process of registering a trademark is completely online in simple words, trademark registration is online. Let us see the complete process of Trademark Registration.

Trademark Searches in Chennai

The Primary step in registering a trademark is to carefully verify the registrability of the mark that we are about to apply for registration.

In simple words, we need to identify if there are any similar marks as that of the subject matter or if the subject trademark is a common term or descriptive trademark.

Once the resort favors registration, we can apply for the same.

Trademark Filing

Once the report is positive, the applicant can submit the trademark registration application form which is Form TM – A.

The application has to be submitted along with the necessary documents as stated already.

Once the application for registration is submitted, the registry will provide us the Trademark Application Number, shortly called TM Number.

Examination Stage

In this stage, the examiners of the Registry will examine the application to ensure whether all the norms of the trademark acts and rules are followed properly.

If any deviation, the registry will send us the examination report with the reason for objection.

The applicant has to reply for the same within 30 days from the date of issuance of the examination report.

If the registry is not satisfied with the reply, the applicant may be called for a hearing.

Journal Publication

Once the hearing officer is satisfied with the reply, the application would be published in the journal of the trademark registry. The journal would be kept open for 4 months for any opposition.

Certification

If there is no opposition from any third party, the trademark registrar in Chennai, will issue the certification of the Trademark. This certificate is valid for ten years and every ten years, the registration certificate is renewed.

What are the Documents that are required for Registering a Trademark?

Similar or identical marks: A Trademark cannot be Registered if it is closely similar or identical with an existing Registered Trademark. (Eg. Adidas Vs.Adimas)

Generic Terms: This is one which is a common dictionary term. The common names like HI or HELLO or GOOD MORNING etc cannot be Registered as a Trademark. (Eg. Welcome, Please etc)

Descriptive Marks: These are on the other hand describes the quality of service or by itself describes the product. These descriptive Terms cannot be Registered. (Eg. Quality Hotel; Tasty Snacks)

Surnames: The trademark act does not want a person to hold sole right over a common Surname or Names. Hence registration of Surnames are not possible. (Eg. Rajesh, Mahesh etc)

Immoral Names: Trademarks which are immoral or scandalous or disparage cannot be Registered as per the Trademark Act.

What to do if you find a Similar mark as that of your Registered TM?

The Registered Trademark holder can initiate legal actions against the infringer exploit unfair misuse of Registered Mark.

As per the Trademark Act, two types of remedies are available for a Registered Trademark owner against the unauthorized use of its Logo or word mark.

They are civil and criminal remedies. Civil remedies can be enforced before the court of law and the criminal remedies can be enforce even through the Police Department.

Injunction

Claim for damages

Custody of goods

Criminal Complaint

Trademark Registration in Chennai

Setting up your own business in India? Or maybe you’re just trying to protect your brand name by registering it as a trademark? In any case, you’ll want to read this article on trademark registration in Chennai.

Trademark Classes

There are a total of 45 classes in Trademark Registration. Each class represents a different business activity. Class 1 to 34 deals with business activity related to manufacturing of goods and class 35 to 45 deals with service providing.

What is the difference between Trademark and Registered

The symbol TM and R both represent a trademark or a brand name, but there are some differences in it.

The symbol ™ refers to an unregistered Trademark. But whereas, the R symbol refers to a mark that is registered before the trademark registrar in Chennai. Hence only a Registered Trademark can use the R symbol.

How to check a Trademark Status

It is advisable to check the registration process of the trademark in every periodical so that we will not miss any communication from the Trademark Registry.

The simple steps for checking the online status of your trademark application are stated below.

Step 1

Step 1: Enter the Intellectual property office portal www.India.nic.in

Step 2

On the home page, there is an option called Public Search, select that option.

Step 3

By selecting the above option the portal will navigate you to the other page, where you can find the option of Status, and below that there are other options like Trademark, Patent, etc. In that, select Trademark.

Step 4

Then select the button Trademark Application/Registered Mark. Then enter the Trademark Application number and proceed further.

Step 5

On the Left side Top of the status page, you can view the status of your Trademark Application.  

Validity of Trademark Registration in Chennai

A registered Trademark Certificate is valid for a period of 10 years from the date of application for Trademark Registration.

And this has to be renewed every 10 years, failing which the mark would be removed from the register of Trademarks.

A renewal application (TM -R) can be submitted within 12 months before the expiry date.

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The Best Patent Registration Agent in India

Why should I patent my invention?

1. It gives you the right to stop others from copying the invention.2. You can avoid competition in your business.3. You get the authority to license others and enjoy royalty.4. You can start your own business with subsidy and start-up funding.

WHAT IS PATENT REGISTRATION?

A patent registration or patent filing refers to the right bestowed to a person or an organization. A patent registration agent will help you to register your patent. Patent registration is for those who want to protect their innovation or advance technology.

That could be used across any particular industry or a scientific process. It is very relevant in the field of medical sciences. it is necessary to register their patent in the patent office in India.

This type of such a process or formula was hitherto not present.

In legal parlance, it is a set of special privileges accorded to a person for his invention. It is for a stipulated period of time.

WHAT ARE THE CONDITIONS FOR PATENT REGISTRATION

There are three pre-requisites for an invention to be awarded a patent.

THEY ARE:

The invention must be new (Novelty)

The invention should have an Inventive Step (non-obviousness)

Capable of being manufactured (Industrial Applicability)

Benefits of Patent Registration in India

There are various benefits of obtaining a patent filing for your invention. Let’s see the common and basic advantages of patent registration in India.

Check it out below!

LEGAL PROTECTION

Patent Registration in India will provide legal protection for your invention.

The grant of a patent gives a monopoly to the inventor. So, that inventor gets the right to take legal action against any third party.

our patent filing agent will patent your invention. therefore, no one can use your invention without your permission.

MORE PROFIT

When you are a monopoly in your market by way of holding patent for a specific product, you have the liberty to fix the price for your product in the market.

There would not be any competition for the patented product because it is unique in the market.

START YOUR OWN BUSINESS

There are many schemes and grants from Central Government as well as state government for innovative startups.

Once such scheme is Start-up India which benefits the Innovative Startups by enabling them to avail subsidies, funding and even tax benefits.

ECONOMIC BENEFITS

Easy money is possible for patent holders. This is possible by way of granting a license of your patent to some manufacturers. From that you can enjoy a royalty.

Furthermore, you can even make money by simply assigning all your rights over your invention

AWARDS

Various Governmental and Non-governmental organizations are providing remarkable awards to inventors in order to promote innovations in the country.

A patent holder can nominate themselves for the awards and by that they get a huge visibility and recognition.

EASY EMPLOYMENT

If you are a student and if you invent any invention in as your final year project, you can apply for patent and you can add the information in your resume.

By doing this simple thing, you stand alone in the campus interview. You get a maximum chance for getting selected in the campus interview.

How to Register a Patent in India

The process for the registration of a patent by the patent filing agents is not a simple task, it requires both technical and legal writing skill.

If there is any deviation or defect in the application, there is a high chance of you losing the right.

So, it is advisable to get some assistance from a well-experienced patent lawyer before filing a patent application.

Here we have explained about the process of patent registration in India in detail.

The entire process of patenting by the patent filing agents

is called “online patent registration.”

Step 1: Check the patentability of the invention.

Before applying for patent registration, the first step that we need to take is to submit for patent prior art search. The patent drafting service will help you to bypass this process with proper verification.

This process would not only helpful in understanding the novelty of the invention but also to identify the novel features of the invention that we had invented.

Furthermore, to understand whether the invention fulfills the basic requirements of the patent act of the patent office in India

, we need to analyze the same.

If we fail to conduct a prior art search, we may lose our time and money on some inventions which cannot be patented.  

Step 2: Submit necessary forms

Once the patent search report is positive and we get a strong recommendation from the patent registration agent Regarding the possibility of registration, we can go further for the submission of the necessary application for registration.

The necessary forms for the registration of a patent are Forms 1, 2, 3, and 4. These are the forms that need to be submitted while applying for patent registration in India.

The form should contain information about the inventor and owner of the patent.

Further, we need to mention the title of the invention too. Along with this, we need to submit the patent specification to a patent office in India.

.Step 3: Specification of patent

In patent drafting service,While submitting the application for patent, we need to product the specification of the invention.

There are two types of specifications one is Provisional Specification and the other one is complete specification.

Provisional specification is just an outline about the specification, it can be filed, if your invention is still under development process.

This would help you to freeze the priority date of your invention. If you are going to submit a provisional specification, you need to submit just the basic information about your invention.

A complete specification must be submitted within 12 months from the date of filing a provisional specification, failing which the application would be abandoned.

This contains every single detail about the invention. The more we elaborate about the invention, more the protection we get.

Step 4: Publication by Patent Filing Agents

Once the application for a patent is submitted by the patent filing agents, the registry would publish the same within 12 to 18 months on the official website of the Intellectual Property Office. it is also called a patent office in india.

We can even expedite the process of publication by submitting form – 9, which is a request for early publication by paying the necessary fee.

Furthermore, valid reason should also be made for early publication request.

Step 5: Examination & Patent Office in India

The next step in the registration process of a patent application is Examination.

The qualified examiner of the patent office would examine your patent application and if found any deviation or defect, would issue an examination report which is technically called as First Examination Report shortly called as FER.

We need to give our clarification by way of a reply within the stipulated time.

There may be a hearing before the respective hearing officer.  

Step 6: Grant of patent solving with our patent drafting service

Once the registry satisfies with the all the requirements, it grants the Certificate of Patent.

This certificate is valid for a period of 20 years. But every year the patent grant must be renewed by paying the necessary renewal charges.

AREAS OF EXPERTISE

We are expertise in following patent drafting.

Software Patent

Chemical Patent

Mechanical Patent

Pharma Patent

Electrical Patent

Electronic Patent

Students Patent

PATENT REGISTRATION

We are the best patent registration agent in India

We help in patent registration in getting an intellectual property right for an invention such as process manufacturing a product, particular device, a type of machinery, even a computer hardware, chemical product or medicinal drug carried out by an individual or an organization, against all the proofs related to the invention, as asked by the government.

A patent registration helps in getting an intellectual property right to an invention carried out by an individual or firm.

LE INTELLIGENSIA helps fill the patent application form, conduct patent search, and prepare documentation for application, submission and finally getting it registered.

Our services are available to both Indian and foreign companies for products and processes.

Le Intelligensia's Patent Registration Service Provides City

Patent Registration in India

Patent Registration in Trichy

Patent Registration in Coimbatore

Patent Registration in Kanchipuram

Patent Registration in Madurai

Patent Registration in Vellore

Patent Registration in Tirunelveli

Patent Registration in Tirupur

Patent Registration in Salem

Patent Registration in Thoothukudi

Patent Registration in Thanjavur

Patent Registration in Krishnagiri

Patent Registration in Hosur

Patent Registration in Chennai

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What is one person company or OPC registration?

https://youtu.be/42k5lvBCGXA

One Person Company or OPC Registration in Chennai, is a most recent child in the Incorporation Family, which was introduced by the Companies Act, 2013. This is the first time in India to enables one single member to get a company Incorporated through ROC.

Previous to this a single member can only form a Proprietorship form. Now after this act, the proprietor can for a OPC where he does not need another person as a Co-Director; where usually he will get his wife or mother as the co-director by allocating 0.01% Share.

If you want to start a new business or if you are about to change your Proprietorship firm to a company, here are the best options for you, which is nothing more than a One Person Company.

Here we are about to discuss many important details about the One Person Company and its registration process.

one person company or OPC registration in chennai

One Person Company which is shortly called as OPC, we, Le intelligensia are the best opc registration consultants in chennai. the most recent child of the Incorporation Family, which was introduced by the Companies Act, 2013. This is the first time in India that it allows a single member to incorporate a company through ROC.

Prior to this, a single member can only form a Proprietorship Firm. Now, after this Law is enacted, the owner can set up an OPC where he does not need another person as Co-shareholder; where, typically, in a private limited company, he will get his wife or mother as a partner by allocating a 0.01% share.'

OPC company registration in chennai is suitable for whom?

One Person Company registration in Chennai is more suitable for small entities or small businesses whose annual revenue does not exceed two Crore rupees.

The main restriction of the OPC company is that only an Indian citizen can incorporate an OPC company and foreign direct investment is not allowed in OPC. Also, if you are a shareholder of one OPC, you may not incorporate another OPC.

Taxation

There is no difference between a Private limited and OPC as realting to Taxation. The tax rate is flat 30% as applicable for any Company incorporated under Indian Companies Act.

What is the reason for introducing One Person Company Registration in India

Before introducing a One Person Company in India, only two people at least can form a Private Limited Company

So the promoter started inviting his wife or mother to form a company which is just for the sake of the name.

An owner who is a single person cannot form his own Limited Company

As Pvt Ltd needs a minimum of 2 directors, nominee directors must be appointed, so to avoid these difficulties the requirement of two shareholders and two directors has been changed.

Therefore, the above amendment in the company law paves the way for registering a company with only one director.

Minimum Requirements to form an one person company registration in chennai

One Shareholder: To register a one person company registration in chennai, The minimum and maximum number of members is one. There cannot be more than one shareholder in an OPC.  

Minimum one Director: To incorporate a One Person Company, it requires a minimum of one director and a maximum of 15 directors.

Nominee: An shareholder cum director of a proposed OPC, must propose a person as his nominee. The nominee would step into the shoes of the promoter and take up the management charges.  

Name of the proposed company: Every business entity should have a unique business name, in the same way even an OPC should have a unique Trade name. And the name should be approved by the Registrar of Companies.

Office address in India: Event One Person Company should have a registered office. The office premises may be a rental premises, leased property, shared space or even virtual office. As a proof of office address, rental agreement to be produced.

Capital of the company: Every business must have some money for its operational expenses. To register an opc company registration in chennai, the authorized capital must be a minimum of 1 lakh, but there is no minimum requirement of Paid-up capital.  

What are the documents required for OPC Registration in India

For Shareholder and Director

ID proof of the Directors and shareholders : PAN card

Address proofs Directors and shareholders : Aadhar card

Residence proofs: Bank statement or Gas bill or phone bill

For the nominee

ID proof of the Nominee: PAN card

Address proofs Nominee: Aadhar card

Residence proofs of the Nominee: Bank statement or Gas bill or phone bill

For the Business Address Proof

Rental agreement for the office premises

A copy of the Property Tax receipt or Electricity Bill

Who cannot be a Shareholder of an One Person Company

Foreign Nationals: A foreign national cannot be a part of One Person Company.

NRI: Even an Non Residencial Indian who stays outside India cannot be a member or shareholder of a OnePerson Company

Already a Member of OPC: A person who is already a member of OPC cannot be a member of another OPC.

Artificial Entity: Only a natural person can be a part of One Person Company, so any other corporate or artificial entities cannot be a shareholder of an OPC

Key Benefits of registering as OPC

Exempted from General Body meetings:

Normally, a Private Limited Company has to conduct general body meetings, board meetings and other compliance, but an OPC is exempt from the AGM process, board meetings, and discussion on annual financial statements.

No minimum Paid-up capital:

To incorporate a one-person company, a minimum of 1 lakh as authorized capital is required, but there is no minimum requirement for any paid-up capital, so we can start a One Person Company even with just Rs.5000 as capital. disbursed.

Just one member:

A One Person Company can be formed with just one Director and one shareholder. So it is easy for a proprietor to change his proprietorship firm to a Private Limited Company.

Perpetual Succession:

The One Person Company is considered as an independent legal person, so the death or insolvency of the member of the opc will not affect the existence of the company. The company will continue to exist with the help of the nominee.

Huge status:

OPC is considered a corporate entity so it has a high status in society which will help attract more clients compared to a property.

6. Limited Liability:

A Proprietorship Firm has unlimited liability, but the main advantage of the One Person Company Private Limited is that the shareholder’s liability is limited to the shares they have invested. Therefore, the shareholder’s personal property would not be affected by any loss or damage.

Registration process of OPC

Now you would have understood more about OPC and its benefits, in this part, we will see the procedure for registering the company.

Step 1: Name Approval

The main step towards registering a one-person company is getting name approval from the Registrar of Companies, shortly called the ROC.

The Government has launched a web service called RUN, which stands for Reserve Unique Name, through which we can easily get approval of the proposed company name.

A Digital Signature Certificate is not even required to submit the RUN Application.

Step 2: Obtain Digital Signature Certificate

As the registration process requires the submission of many forms online, we need to obtain DSC from an authorized dealer.

The Class 3 Digital Signature is appropriate for submitting the forms through the Portal of the Ministry of Corporate Affairs (MCA Portal).

So the second step towards OPC registration is to get DSC.

Step 3: Apply for Director Identification Number

Director Identification Number short called DIN, which is a unique 8-digit identification number assigned to each director of a company.

It must be obtained through the SPICe form for the first directors proposed in respect of new companies.

Step 4: Submission of Documents

MOA stands for Memorandum of Association, which is a document that outlines the goals of the company. In other words, the document that establishes the purpose of the business that the shareholders want to do.

AOA stands for Articles of Association which says about the by-lay of the company and the operations of the OPC is controlled by the by-law.

The proof of shareholder and director to be submitted.Furthermore, the proof of the Nominee and along with that, form INC-3 which is a consent form to be submitted for appointment of an Nominee to be submitted along with the PAN and Aadhar card

Step 5: Issuance of Certification

After the presentation of all the documents before the MCA Portal, the Registrar of Companies will verify the same and, if all the details are correct, will issue the Certificate of Incorporation with a unique CIN Number.

Along with this, the PAN Card would even be delivered in the name of the Company.

Step 6: Obtain the statutory Licenses

Once the Company is incorporated, you need to obtain the mandatory licenses such as GST, Corporation License, product based licenses in order to run your business.

Reason behind introduction of opc company name registration in chennai

Before introducing OPC, only two person minimum can form a Company

So the promoter stared inducting his wife or mother to form a company which is just for name sake.

A proprietor who is a simple person is unable to form his own Company

As Pvt Ltd needs minimum 2 directors, nominee directors are stared been appointed, so to avoid these fraudulent activity, the process of incorporation has been totally amended.

Hence for the above reason the amendment is the companies act is brought for incorporating a company with one director

Procedure for incorporating OPC registration in chennaiMandatory Compliances for OPC

One Board of Directors meeting at least once in six months

Maintain a proper book of accounts

Statutory audit of financial statement

Filing of income tax for company

FAQs:-

For opc company name registration in chennai what is the Maximum number of directors?

There can be a maximum of 15 directors in a One Person Company. There should be atleast one Indian resident Director is mandatory.

How to convert OPC to Private Limited Company?

To convert OPC to Private Limited Company

Pass a Special Resolution in the General Body meeting

The resolution to be submitted with proper forms before the respective Registrar of Companies

Apply for conversion through Form INC 6 along with necessary documents

OPC is suitable for whom?

Any proprietorship form which need to change its status as a corporate, can choose OPC as the business entity type

Any startup company with a minimum of Rs.10,000 can also start an OPC, because there is no minimum share capital requirement for an OPC.

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LLP Registration in Chennai

What is LLP Registration and how to Register llp company registration in chennai

https://youtu.be/pGTtAoztGUE

If you are about to launch a startup shortly, the best option for registering as a company is LLP company registration in Chennai or Limited Liability Partnership.

There are many options for registering your business as an entity such as Proprietorship, partnership, private limited and LLP, of all these entities, we are about to see why LLP suits the best for your business.

What is Limited Liability Partnership

Limited Liability Partnership, which is called LLP company registration in Chennai for short, is an improved version of a partnership firm. This type of entity was introduced in India in the year of 2008 through the enactment of the Limited Liability Partnership Act, 2008.

The main advantage of LLP is that it provides the advantage of Limited Liability to the partners.

Partners enjoy the benefit of flexibility as a partnership and also limited liability as a Private Limited Company.

Minimum Requirements to form a Limited Liability Partnership Registration in chennai

There are certain requirements to form a Limited Liability Partnership Registration in chennai

Minimum Two Partners

Minimum Two authorized partners

Registered office address in India

No minimum paid-up capital

What are the characteristics of a Limited Liability Partnership

Before opting for the LLP company registration in Chennai, we must first understand what are the characteristics of a limited liability partnership. We will briefly see each of its characteristics.

1. Separate Legal Entity:

Limited Liability Partnership Registration in chennai is a separate legal entity that is distinct from its partners.

This entity can acquire assets and can even sue any third party on its own behalf.

Even LLP has a separate PAN Card in the name of the Company itself.

Therefore, it is considered as a separate legal entity.

2. Number of Members:

To register a Limited Liability Partnership, a minimum of 2 partners is required and there is no upper limit for partners.

Additionally, there must be a minimum of two Designated Partners to register a Limited Liability Partnership.

6. Capital Contribution:

To incorporate a Private Limited Company,

there is a statutory requirement of Rs 1 lakh as paid up capital but whereas in an LLP there is no such minimum paid up capital requirement.

4. Perpetual succession:

Like a Private Limited Company, a limited liability partnership will not be extinguished even in the event of the death of the partner.

As it is a separate legal entity, it continues to exist even when a partner retires or becomes insolvent.

5. Immense Status:

According to Section 3 of the Limited Liability Partnership Act 2008 (LLP Act), an LLP is a legal person, formed and incorporated under the Act.

Therefore, compared to a proprietorship or partnership firm, an LLP has a massive status.

6. LLP Agreement:

The LLP contract is the bible of the Organization that speaks of all the rules, regulations and rights of partners and it also speaks about the rules and regulations of the organization.

Any violation of the terms between the partners is considered a breach of the LLP agreement.

There are certain requirements to form a LLP Registration in Chennai

Documents Required for LLP Registration in Chennai

For the Partners and Designated Partners

PAN Card of the Members

Aadhar Card of the Members

Passport size photo of the Members

Residencial Proof of the members

Savings Bank Account Statement

Gas Bill

PhoneBill

For business address

Rental agreement of the office premises

Property tax receipt/ EB receipt

How to Register an LLP online or llp registration process in chennai

The appropriate authority to register a Limited Liability Partnership is the Registrar of the Company.

The LLP registration process in Chennai is completely online and registration would be done through the MCA Portal owned by the Ministry of Corporate Affairs.

We will see the LLP registration process in Chennai in detail. we Le intelligensia, our team help you to register your company. because we are the best company registration consultants in Chennai.

Step1: Apply for Name Approval

To be assigned for name approval, you must submit through the “RUN Service”.

The applicant can propose a minimum of 2 names in a single application.

The registrar of companies after verifying the names and if it considers that the names comply with all the regulations of the Limited Liability Partnership Act, will allow the name.

Step 2: Apply for Digital Signature Certificate

The entire LLP registration process is done online, so you need a digital signature certificate shortly called DSC to sign documents online.

Every Partner as well as the Designated Partners must obtain this DSC from the authorized agencies of the Central Government.

The following documents are required to obtain the DSC

Aadhar Card of the applicant

PAN Card of the applicant

Passport size photo of the applicant

Step 3: Designated Partner Identification Number

The term Designated Partner Identification Number, shortly called the DPIN, is a unique identification number assigned to all the Designated Partners of the proposed LLP.

The DIR 3 form is appropriate for obtaining a DPIN number.

The Designated Partner identification number is issued to all Designated Partners for the purpose of regulating and monitoring their activities.

Step 4: Submit Form for incorporation of Limited Liability Partnership

The next step in registering an LLP is to file the “FiLLip” form (Form for the incorporation of a Limited Liability Partnership Company) with the Registrar of Companies along with the necessary documents as stated above.

Upon filing the same, the ROC will issue the certification of incorporation of the Limited Liability Partnership.

In addition, a PAN Card would also be issued in the name of the company.

Step 5: LLP Agreement

Within 30 days of the issuance date of the LLP incorporation certification, partners must file the Limited Liability Partnership Agreement.

‘The agreement must be duly signed by all partners.

This LLP Agreement talks about the rights, responsibilities, duties, liability of all partners and also the rules and regulations of the Limited Liability Partnership.

Advantages of Limited Liability Partnership

Limited Liability

The main advantage of Limited Liability Partnership is limited liability,

which means that the liability of the partners in the LLP is limited to the number of shares contributed by them in the company and the partners are not personally liable for losses in the business.

This means that if an LLP closes, the partners could be called upon to pay off the LLP’s debts to the extent of their equity contribution in the business;

In addition,

they are not required to pay the debts of the LLP with their personal assets. This is what is called Limited Liability.

Minimum Regulatory Compliances

LLP is exempt from many compliances compared to a limited liability partnership.

An LLP is exempt from certain regulations, such as the appointment of an auditor, the statutory audit report, etc.

Therefore, this advantage is one of the main reasons for choosing an LLP.

No restriction on upper limit of members

To form an LLP, a minimum of 2 partners is required but there is no upper limit on members.

This is the main advantage of an LLP.

For Private Limited Company, there can only be 200 members, but in LLP, there is no specific limit on the number of partners.

Flexible to Operate

For a corporation, the operations of the corporation are controlled by the Law and the Company Rules,

but the operation of the LLP is determined by a written agreement between the members called the LLP Agreement.

This allows the LLP to operate and manage with maximum flexibility.

Tax Benefits

The rate of taxation is less than that of other types of entities.

The members of a Limited liability partnership are taxed directly as if they had earned their share of the company’s profits by themselves.

Their tax is not associated with the amount withdrawn by the partners from the company.

What is the difference between Limited Liability Partnership and Private Limited CompanyHow to windup or close an LLP

The process is not a very complex one, by submitting LLP FORM 24 before the Registrar of companies with the appropriate supportive documents, an ongoing LLP can easily be closed. The Form 24 to be submitted along with the following documents:

(a) a statement of account disclosing nil assets and nil liabilities, certified by a Chartered Accountant

(b) an affidavit signed by the designated partners

Frequently Asked Questions :-

1. What are forms for LLP Registration?

RUN-LLP (Reserve Unique Name — Limited Liability Partnership): For This can be utilized for the purpose of LLP Name approval

FILLIP : The full form is Form for Incorporation of Limited Liability Partnership. This is for submission of LLP Registration process

Form 17 — If you need to convert a partnership to a Limited Liability Partnership, this form can be used for the conversion process.

Form 18 — If a private Limited company to be coonvered to an LLP, this form can be utilized for the conversion process.

What are the post registration compliances that are required for the registration of Limited Liability Partnership in chennai?

Submission of LLP Agreement

Obtain PAN Card in the name of the LLP

Open a Current Account

GST Registration

Trademark Registration

Product related licenses

Local body registrations

Income Tax returns

LLP annual returns

How long it takes to register an LLP in Tamil Nadu

For LLP Registration in Tamil Nadu, it takes a minimum of 10 to 15 working days. The process starts with:

Name reservation

Obtaining Digital Signature for the partners

Allotment of Digital Signature Certificate

Issuance of Incorporation certificate

Submission of LLP Agreement

Obtain PAN Card in the name of LLP

Is there any minimum paid up capital requirement for registration of Limited Liability Partnership in chennai?

No, there is no minimum capital required to incorporate an LLP, we can even start an LLP with capital of Rs.10,000/-. But while for a Private Limited Company, a minimum of Rs.100,000/- is required as paid-up capital.

What is LLPIN

The full form for LLPIN is Limited Liability Partnership Incorporation Number which is a unique 7 digital number allotted by the Registrar of Companies to every llp company registration in India

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Business Registration in Chennai

Business Name Registration in Chennai

There is 4 major Step are involved for Business Registration in Chennai. According to the survey conducted by Guidant Financial, ‘Small Business Trends Alliance: 2020’, 77% of people who decided to start their small business are happy.

It’s really motivating information that more than 3/4 of the people who boldly quit their job and went into their own company are happy and successful.

So why are you waiting to start your one business today, we are there to support you

How to Register a business Name in Chennai?

Every business organization is in a regulated environment by which they are required to comply with the provisions of Government law, what we call Government licenses or Government Registrations, whether from Central, State, or local agencies.

These records vary depending on the nature of the business, the intent of the owner, the volume of the business, and various other factors.

The most important mandatory step to register a business name in Chennai

Registration heads

We are business registration consultants in Chennai.

These business registrations or business licenses or register a business name in Chennai are classified under various headings, under which many mandatory and recommended licenses and registrations are listed.

Company Registration

Intellectual Property

Tax Regulations

Mandatory Government Licenses

1. Company Registration : Choose your business Structure to register a business name in chennai

A. Proprietorship

This is a business structure where it is owned and invested by a single person who is named as the sole proprietor.

This entity’s business name registration in Chennai is the simplest form of business organization.

The owner remains personally responsible for all losses and liabilities owed against his business.

In addition, Owner reports business profits and losses on Owner’s personal tax return.

This type of entity is suitable only for a very small type of business.

B. Partnership

A partnership is a formal agreement between two or more parties to conduct business in the mutual interest of making a profit.

Partners remain personally liable for claims filed against the company.

Each partner contributes money, property, work or skill; each participates in the profits and losses of the business, and each has unlimited personal liability for business debts.

The partnership business arises as soon as the partners mutually agree and sign the partnership agreement or partnership deed.

C. Limited Liability Partnership

A normal traditional partnership type of business entity suffers from the problem of unlimited liability.

The partners of these traditional partnership firms have unlimited liability for their collective debts and legal consequences.

To overcome this carrier, the Central Government had introduced the Limited Liability Partnership by introducing the LLP Act of 2008.

This type of corporate legal entity has become a preferable form of organization among businessmen as it incorporates.

Tthe benefits of Partnership and the Company as a single form of organization called Limited liability which is a key benefit of LLP.

D. Private Limited Company

A Private Limited Company is a separate legal entity that is privately owned for small businesses.

This type of entity grants a corporate status to your small business.

This is the most preferable form of entity among businessmen in India. The Private Liability Company can be formed with a minimum of two members and a maximum of 200 members.

Private Limited must also have a minimum of 2 directors and a maximum of 15 directors.

This protects the personal assets of the shareholders from any debt.

There are many more advantages to Private Liability Company compared to other types of businesses.

E. One Person Company:

When your proprietorship form of business starts to grow, you will need to convert it into a company,

in which case the most suitable entity form is a One Person Company Private Limited shortly called as OPC,

which is also a form of private limited company but it can be incorporated with a single shareholder,

and the same owner can act as a director as well as a shareholder.

In a One Person Company, there may be more than one director,

but may not exceed more than one shareholder.

F. Public Limited Company:

A Public Limited Company is a separate legal business entity which offers its shares to be traded on the stock exchange for the general public.

This is suitable for large scale business.

These Public Limited Companies can either be listed or even unlisted.

2. Protection of your Intellectual Property

A. Trademark Registration

Trademark registration is a tool to protect your company name and the brand name from being copied or duplicated by any third party.

In general, a trademark is used to signify a company name, brand name, logo or trade symbol or name or label or colour combination which identifies a specific business.

It gives the owner of the mark an exclusive right to use the same and also grants a right to stop any unauthorized use of the same.

B. Copyright Registration

Copyright is also called a creator’s right.

Copyright Registration protects creativity such as your content, your promotional ads, videos, books and more of your creative work from being copied by others.

It gives Arthur/owner a right to reproduce, translate and distribute the work in any form.

3. Taxation

A. GST Registration

GST Registration: GST Stands for Goods and service tax. Which was introduced in India on 1st July, 2017.

It is an indirect tax which has replaced many indirect taxes in India such as the excise duty, VAT, services tax and many other indirect taxes.

All the businesses supplying goods whose turnover exceeds Rs 40 lakh in a financial year are required to register as a normal taxable person.

B. GST Returns

Every GST holder must submit the GST returns every month,

the necessary forms for registering the GST is Form GSTR 1, GSTR 3B.

Further GST holders must also submit annual returns which is GSTR 9.

C. Corporate Tax

A corporate tax is a form of income tax which has to be paid out of profits of a Company.

This type of taxes would be calculated based on the company’s taxable income,

which includes revenue of the company minus the cost of the goods/service sold, minus administrative expenses. 25% of profit would be paid words corporate tax.

4. Apply for Licenses and Permits

A. FSSAI Registration

FSSAI license, which is also called Food License, is one of the compulsory licenses for all food business operators in India.

The license is governed by the FSSAI (Food Safety and Standards Authority of India) Registry.

There are three types of food licenses in India which are FSSAI Basic Registration, FSSAI State License and FSSAI Central License.

The Food Licensing Registration Authority is an administration to ensure that food undergoes certain quality checks,

helping to reduce food adulteration and serving standard items to customers.

B. ESI and PF Registration

For any company employing 20 or more employees, To register a business in Chennai, it is compulsory to provident funds and the ESIC scheme.

Employees State Insurance (ESI) is a self-funded social security and health insurance scheme for Indian workers.

This ESIC scheme applies to employees who earn Rs 21,000 or less as salary per month.

The contribution to the scheme will be distributed between the employer and the workers in the form of 4.75 percent as employer contribution and the worker contributes 1.75 percent, total participation 6.5 percent.

The ESI PF registry is governed and managed by the rules and regulations granted by the ESIC Law of 1948.

C. IE Code

The importer and exporter code is briefly called the IEC, which is a compulsory license for all importers and exporters in India.

The IE code is issued by the Director General of Foreign Trade, shortly called DGFT.

IEC will help the person or company to take the products or services beyond the borders.

There are huge advantages and benefits for exporters and importers available in the customs department.

D. Drug Licence

If any person wishes to start a company that is engaged in the business of manufacturing, selling or distributing medicines or cosmetics in India, he or she must obtain a medicine license from the relevant authority.

Companies dealing with drugs, biologicals, medical devices and in diagnostics must obtain a drug license.

The appropriate official for issuing drug licenses for our state is the Tamil Nadu State Licensing Authority.

The competent authority issues a drug license under the Drugs and Cosmetics Act of 1940 to carry on a business related to medicine.

E. Trade License

A trade license or shop and establishment license is a form of compulsory license which is mandatory for a business to carry out its operations.

This license is normally issued by the local corporation of every city (In chennai, the Chennai municipal corporation is the appropriate authority to issue license).

This license is to regulate any business activity which is been operated under the jurisdiction of the local corporation.

F. MSME Registration

MSME is the abbreviated form of Micro Small Medium Entrepreneur.

Any of the companies doing business in India or Tamil Nadu can register a business in Chennai with the Ministry of Micro, Small, and Medium Enterprises scheme.

MSMEs are the backbone of Indian economic growth.

Therefore, the Government of India and the respective state governments are endowing many schemes and funds for the benefit of MSMEs.

To make use of these benefits, it is mandatory to register business name registration in Chennai under the said scheme.

The MSME registry is called the Udyam Registry as per the latest government amendment.

Frequently Asked Questions :-

1. Is business registration to be done before starting a business?

Yes, the entire licenses and registration for your business has to be obtained as soon as you rent a premises for business. The entire license has to be obtained before the commencement of the business activities.

2. Is it compulsory to get GST for every business?

Every business can obtain GST on a voluntary basis. But it is compulsory on the following aspects

Businesses with turnover above the threshold limit of Rs. 40 Lakhs

A casual trader

Person who supplies via e-commerce aggregator

Supply of service or goods from one state to another

3. If we have two branch offices, do we need to get licenses for both?

Certain registration are mandatory to get for the branches also, for example, if your business activity is going to be a hotel, separate FSSAI to be obtained for each outlet, but whereas if it going to be GST, using single gst number we can operate throughout the state by just adding an additional place of business alone.

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Private Limited Company Registration in Chennai

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What is the registration of private limited company in chennai

The most popular type of entity which is aptly suitable for small businesses.

A Pvt Ltd company registration in Chennai is an independent legal entity registered under Indian Companies Act.

In this type of entity, the shareholders Liability is limited by its shares.

It is registered for pre-defined objects and owned by a group of members called shareholders.

Startups and businesses with higher growth aspiration popularly choose Private Company as a suitable business structure.

The business entity gets recognized as a Company through its private limited registration in Chennai is under the Companies Act of 2013 in India.

The governing body is the Ministry of Corporate Affairs, widely known as MCA.

The definition of Private Company under the Act is provided here to understand its basics. Section 2 (68) of the Act defines a Private Company as under:

A Registration of private limited company in chennai having a minimum paid-up share capital as may be prescribed, and which by its articles,—

(i) restricts the right to transfer its shares;

(ii) except in case of One Person Company, limits the number of its members to two hundred;

(iii) prohibits any invitation to the public to subscribe for any securities of the company

A private limited company formation with a minimum of two shareholders and a maximum of 200 shareholders.

Also, creditors do not have the authority to sell the directors’ personal assets.

Make sure your company is registered to start a company in India.

What are the Minimum Requirements to form a Private Limited Company Formation

There are certain requirements to form a Pvt Ltd Company Registration in Chennai

Minimum 2 Shareholders

Minimum 2 Directors

Minimum 1 lakh of paid up share capital

Office space in India

Advantages of registration of private limited company in chennai

Avoids risk

The biggest advantage for the shareholders of a Private Limited Company registration is that of limited liability.

A shareholder’s personal assets would not be at risk when the company faces a loss.

The shareholder’s liability is limited to the amount of shares that he had invested in the company.

Foreign investment

A foreign national or a foreign entity can easily invest in a Private Limited Company,

which is not possible in the case of a partnership or property company.

So, a Private limited company can attract investment from foreign countries.

Tax Benefits

Corporation tax is calculated as 25% on the Profit of a Corporate Entity But limited companies are only taxed on profit after deducting many expenses.

Hence the Private Limited Company has many benefits on taxation.

Huge Status

This type of registration of private limited company in Chennai not only impressed customers but also suppliers.

A very large status for the business would be boosted by registration as a Private Limited Company.

Investors

When your business grows, you may have a plan to scale the business to the next level.

In the process of scaling up, you may need a large amount of funds for that process.

You can attract investors and you can raise capital to scale the company to the next level.

Private limited registration in Chennai is the appropriate and preferable form of entity to attract investment from angel investors.

What are the documents required to Incorporate a private company registration in chennai

Proof of Director/Shareholder

Aadhar Card

PAN Card

Passport size photo

Savings bank Account Statement/Phone bill/Gas Bill

Proof of the Business Premises

Rental Agreement

Electricity bill / Property tax receipt

Private Limited Company Registration in Chennai and it's Characteristics

Members: Private Limited Company can be formed with a minimum of 2 shareholders with a maximum of 200 members. There should be a minimum of 2 directories and the maximum of 15 directors.This does not include any past members of a company.

Paid-up Capital: Under the Indian Company Law, a Private limited company can be formed with a minimum paid-up capital of 1 lakh. This would be the capital of your company.

Perpetual Succession: The limited liability company continues to exist even in the event of the death, insolvency or bankruptcy of any of its members. What is legally known as perpetual succession of the company. The lifetime of the limited liability company continues to exist forever.

Separate Legal Entity: Private Limited Company is not like a proprietary company or partnership, it enjoys separate legal entity status. A separate PAN card will be available in the name of the company. In addition, a Private Limited Company can acquire property in its own name.

How to select a Name for registration of private limited company in chennai

First Part: A private limited company name has three different parts. The first part should be a unique prefix, in simple words, the prefix acts as the trademark of the company, hence it should be a very unique word. For example, PENTA. This is the key term of the business and this would be the identity of your business.

Second Part: The second part of the company name should describe the business activity of the applicant. This term should be a descriptive term, for example, if you are into automobile business, the term motors or automotive would be a suitable middle word of your company name. Example PENTA MOTORS

Third Part: The third part should represent the constitution type. If it’s going to be a Private Limited Company, the company name should end with Pvt. Ltd. or if it’s going to be a Limited Liability Partnership, the name will end with LLP.

Example PENTA MOTORS PRIVATE LIMITED

Registration Requirements for a Private Limited Company registration in Chennai

Choose the business activity: The first step towards the formation of a company is to choose what is the business activity that we are about to do.  

Select the Name of the Company: The second step is choosing the company name for your business, this would be the trade name of your business, so choose a unique and attractive term.

Choose the Shareholders: The shareholders are literally the owners of the company, choose your co-founders correctly so as to avoid any dispute in the future.

Pick the Directors: Decide the list of directors who are going to operate the day by day business activity. Choose the effective and appropriate people as directors.

Private Limited Company Registration Process in online

The appropriate authority to register a Private Limited Company is the Registrar of Companies. The private limited company registration process would be carried out through the MCA portal owned by the Ministry of Corporate Affairs. Now here we are going to explain to you how to register a Private Limited Company through online sitting in Chennai

Step 1: Name Approval

Once the company name is finalized, the name can be submitted to the Registrar of Companies for approval.

The proper form for name approval is eForm 1. It is recommended that you choose a unique name for your company to avoid rejection from the Registrar of Companies.

Also, it is recommended to give two optional names, so that if the first name is rejected, there are some options, at least the second name can be granted.

Few recommendation for choosing the company name

The company name should be easy to pronounce and easy to remember.

It should not reflect a competitor / other popular company names

It should be distinct

It should not have any abusive names or terms which is against public morality

It should not be against the policies of Trademark Act and Rules.

Step 2: Obtain Digital Signature Certificate

As already stated, the entire company registration process is online and to sign the documents online, you may need a Digital Signature Certificate.

Digital Signature Certificate is briefly called DSC, which is issued by the certified authority authorized by the central government.

The list of documents that are required for obtaining Digital Signature Certificate are:

Passport Size photo of the applicant

Address Proof of the applicant

PAN Card of the applicant

Step 3: Apply for Director Identification Number

Director Identification Number, shortly called as DIN Number issued by Registrar of Companies to the Directors of the proposed Private limited Company.

It is a 8 digit unique number introduced for the purpose of tracking the directors of the private limited company.

Only one DIN Number would be issued for one person even if he is going to hold directorship of many companies.

The appropriate form for filing DIN number is Form DIR 3.

Documents Required

Photograph of the Applicant

PAN Card of the Applicant

Address Proof of the Applicant

Digital Signature Certificate of the Applicant

Step 4: Submit the MOA and AOA:

MOA Stands for Memorandum of Association and AOA stands for Article of Association.

These documents say about the rules and regulations of the organization.

Form Spice + Part B to be submitted along with the necessary proof and the digitally signed copy of the MOA and AOA.

Step 5: Issuance of Company Incorporation Certificate

The Company incorporation certificate, which is also called ROC Certificate or Company Registration Certificate, would be issued by the Registrar of private limited in Chennai its by after the Companies documents are verified.

This certificate also contains the CIN Number which is a unique number issued to every company incorporated under ROC.

Frequently Asked Questions :-

Can a foreign national become a director in an Indian company?

Yes, A foreign national can be a Director of an Indian company, provided that at least one Indian citizen and also a resident of India must be a Director.

But the Indian director is not required to be a shareholder in the company, so normally foreign entities or foreign investors would start a company in India with two shareholders (both would be foreign national) and three directors, that includes the two foreign shareholders and an Indian nominal director

How long it took for private limited company registration process?

It normally takes 7 to 10 days to do a Private Limited Company Registration in Chennai or in India.

The process starts with Name Approval, followed by obtaining DSC, DIN, drafting of MOA & AOA and ends with issuance of Certificate of Incorporation along with PAN Number.

Can I start the business activity as soon as I register the company or is there any other procedure?

The private limited company registration process is like a birth certificate, just by using the birth certificate, you cannot ride a motorcycle, nor vote in a general election, you need a driving license and a voter ID to carry out the respective activities.

In the same way, you need to obtain government licenses like GST, trademark, product license and other permits from local bodies required to carry out activities in your business.

How to check the registration status of my pvt ltd company registration in chennai

The entire process of Pvt ltd company registration in Chennai is now available online, so easily we can track the process of our Company Registration through WWW.MCA.GOV.IN.

As a first step we need to enter the MCA portal, select the MCA services and from there go to Master date option and select Company / LLP Master Data

Then type the company name and click the search option.

Now it will show the list of similar company names, and the status of the same.

Every business organization is in a regulated environment by which they are required to comply with the provisions of Government law, what we call Government licenses or Government Registrations, whether from Central, State, or local agencies.

These records vary depending on the nature of the business, the intent of the owner, the volume of the business, and various other factors.

The most important mandatory step to register a business name in Chennai