WORLD MANUFACTURER IDENTIFIER (WMI)
Globally, automotive manufacturers utilize a numbering system called the Vehicle Identification Number (VIN) to uniquely identify a vehicle. The VIN comprises of 17 characters that uniquely identifies the vehicle as provided in ISO 3779 and ISO 4030. The first 3 characters of VIN that uniquely identifies the manufacturer of the vehicle is called the World Manufacturer Identifier (WMI). The next 6 characters of VIN is known as the Vehicle Descriptor section and the last 8 characters is known as the Vehicle Indicator Sector.
BIS being the National Standards Body of India and the member of the International Organization for Standardization, acts as the WMI coordinator in India and issues the WMI code to vehicle manufactures in India after these are assigned by Society of Automotive Engineers Inc., USA, the international agency responsible for the maintenance of the WMI codes. BIS charges a nominal fee of Rs 5000/- + applicable Taxes for this service.
Procedure for WMI Registration Procedure for WMI Registration
• Receipt of the application & Verification of supporting documents
• Proposal of WMI code as per the series and entry of the same in the BIS database
• Registration with SAE International, USA
• Confirmation letter from SAE International
• Communication of WMI to the applicant firm
CHECKLIST FOR WORLD MANUFACTURER IDENTIFIER (WMI & VIN)
1. Name, address of the firm and location of the manufacturing unit;
2. Photocopy of Certificate of incorporation, Memorandum and Article of
Association (MOA & AOA);
3. Photocopy of MSME UDHYOG AADHAR;
4. Installed capacity and number of vehicles manufactured per year( or proposed
capacity if manufacturing not yet started), along with the technical details of the
vehicles, brand name etc (model-wise);
5. Whether you are using any Coding system at present, if yes, its details;
6. Number of vehicles to be produced in the current year (proposed).
7. Details of top management along with designation;
8. Details of vehicle type- Trailer/ Truck/ Bus/ Passenger car/ Motorbike/ etc
9. Detail of VDS and Section of VIN along-with drawings ( we will design this with
10. Draft application, resolution and supporting documentation ( we will provide
To apply for a WMI code download: APPLICATION FOR WORLD MANUFACTURER IDENTIFIER (WMI) CODE
Components of VIN Components of VIN
VIN contains 17 digits
1-3 digits = World Manufacturer Identifier Number (WMI)
4-9 digits = Vehicle Descriptor Section (VDS)
10-17 digits = Vehicle Indicator Section (VIS)
Where Section 169 of the Companies Act, 2013 section 284 of the Companies Act, 1956 deals with the removal of Directors. As per Section 169 of the Companies Act, 2013, the right of the shareholder to remove a director in the general meeting through an Ordinary Resolution is a legal right. This right cannot be curtailed by any of the provision of the MOA/AOA or any other document or agreement.
Private Limited company is empowered to remove its directors before the expiry of their term, the powers of which is vested with the shareholders. This article deals with the process of removal of directors in a company. Non-compliance with any of the stipulated processes can make the decision void if appealed in a court.
There are three possible cases during the removal of a director:
Where the Director himself gives his resignation
The concerned director submits his resignation to the Board. In this case, the following steps will be taken to remove his name from the register of directors:
- The company will hold a Board Meeting by giving 7 days of clear notice (Clear notice means 21 days notice excluding the day on which the notice was sent and received.)
- When the Board meets, will discuss amongst themselves and decide whether to accept the resignation or not.
- Once the Board accepts the resignation of the director they will pass a Board resolution accepting the resignation in the following way:
- “RESOLVED THAT the resignation of <Director name> be and is hereby accepted with immediate effect <Date>. <Download Format>
- “FURTHER RESOLVED THAT the Board places on record its appreciation for the assistance and guidance provided by MR. XYZ during his tenure as Director of the Company”
- “RESOLVED FURTHER THAT directors of the company be and are hereby jointly authorized to do all the acts, deeds and things which are necessary to the resignation of an aforesaid person from the directorship of the Company
- After the passing of the resolution, form DIR – 11 has to be filed by the outgoing director along with the Board Resolution, Proof of delivery of the resignation letter and copy of the resignation letter.
- While the filing of DIR – 11 is the responsibility of the director, form DIR – 12 is the responsibility of the company which has to be filed with the Registrar of Companies along with the Resignation letter and the Board Resolution.
- After filing all the forms, the name of the director will be removed from the master data of the Company on the Ministry of Corporate Affairs website.
To remove a Director suo-moto by the Board
A Company has the authority to remove a Director by passing an Ordinary Resolution, given the Director was not appointed by the Central Government or the Tribunal.
- A Board Meeting will be called by giving seven days’ notice to all the directors. A special notice will go to the directors informing them about the removal of the director.
- On the day of the Board Meeting, a resolution for the holding of an extraordinary general meeting will be passed along with the resolution for the removal of the director subject to the approval of the shareholders.
- A general meeting will be held by giving 21 days clear notice. In the meeting, the members will be asked to vote on the matter. If the majority is in favor of the decision, the resolution will be passed.
- Before the passing of the resolution, an opportunity of being heard will be given to the director.
- After the passing of the resolution, the same procedure will be followed, and the forms DIR – 11 and DIR – 12 will be filed along with the same attachments of the Board Resolution, Ordinary Resolution.
- After the filing of the forms, the name of the director will be struck off from the Ministry of Corporate Affairs website.
In case the Director does not attend three Board Meetings in a row
As per section 167 of the Companies Act, 2013 if a Director does not attend a Board Meeting for 12 months, starting from the day on which he was absent at the first board meeting even after giving due notice for all the meetings, it will be deemed that he has vacated the office and a Form DIR – 12 will b filed on his name and his name will b removed from the Ministry of Corporate Affairs.
Consequences of not or late filing of FORM DIR-12:
If the company not filed the e-form DIR-12 within 30 days of appointment/Resignation, then penalty will be applicable as follows;
- Up to 15 Days then One time of actual Govt Fees
- More then 15 Days – 30 Days then 2 times of Actual Govt Fees
- More then 30 Days – 60 Days then 4 times of Actual Govt Fees
- More than 180 Days then 10 times of Actual Govt Fees
If company fail to file DIR 12 within 300 Days from date of passing a resolution then company need to pay 12 times of Actual Govt Fees plus Compounding offense.
- Notice Calling Board Meeting:
Date of issue of Notice
Name of Director
Address of Director
NOTICE FOR THE MEETING OF THE BOARD OF DIRECTORS OF Name of Company———————- LIMITED
Dear Mr. Name of Director,
Notice is hereby given that a meeting of the Board of Directors of the Company shall be held as per the following schedule:
Date: of Meeting
Time: of Meeting
Venue: of Meeting
The agenda for the meeting is enclosed.
You are requested to make it convenient to attend the above meeting.
For Name of company LIMITED
Name of Director
Add: of Director
- AGENDA OF BOARD MEETING:
AGENDA FOR THE MEETING OF BOARD OF DIRECTORS TO BE HELD ON
————DAY OF———-MONTH, 2014 AT ————-TIME OF MEETING
AT ADDRESS OF PLACE OF MEETING
- To Appoint Chairman of the meeting.
- To Grant leave of absence.
- To Confirm minutes of the previous Board Meeting.
- To ADD MORE AGENDA’S ACCORDING TO REQURIEMENT
- To give Vote of Thanks.
Name of Director
Add: of Director
- ATTENDENCE SHEET OF BOARD MEETING:
ATTENDANCE SHEET OF THE MEETING OF BOARD OF DIRECTORS OF M/S NAME OF COMPANY LIMITED HELD ON ———DAY OF————MONTH OF, 2014 AT REGISTERED OFFICE OF COMPANY.
- Name of Director
- Name of Director
- Name of Director
- If any;
- LEAVE OF ABSENSE:
Mr. Name of director who is on leave
Address of Director.
Date of Leave of Absence before Meeting
The Board of Directors
M/s NAME OF COMPANY LIMITED
ADDRESS OF REGISTERED OFFICE
Subject: Leave of Absence
With reference to the board meeting of the company to be held on date of mewing, it is hereby submitted that due to preoccupations, I am not in a position to attend the same. You are requested to grant the leave of absence.
Name of Director who is on leave
Address of Director
- RIGHT ISSUE RESOLUTION OF BOARD MEETING:
CERTIFIED COPY OF RESOLUTION PASSED IN THE BOARD MEETING OF DIRECTORS OF NAME OF COMPANY LIMITED HELD ON ———-DAY OF—————MONTH, 2014 AT PLACE OF MEETING.
“RESOLVED THAT in pursuance of Section 62 of the Companies Act, 2013 read with The Companies (Share Capital and Debenture) Rules, 2014 the approval of the Board be and is hereby accorded to the Company to issue ————-No. of equity shares of Rs. ———— each (hereinafter referred to as new shares) of an aggregate nominal value of Rs. ———————————(Rupees in Word), for cash to the shareholders at a premium of Rs. —————(if any) per share determined by the Chartered Accountants firm, which was accepted by the Board of Directors as reasonable and in the interest of all concerned, such issue to be made on the following terms and conditions:-
- The issue of shares will be made in the proportion of one new share for every one equity share held on DATE OF MEETING.
- The said offer to the members shall be made by an offer letter which shall indicate the number of shares held by each member and the number of shares to which each is entitled as rights shares, the value per share and the total amount due in case the offer of shares is accepted in full.
- The aforesaid offer shall be valid upto the MAXIMUM 30 DAYS , and includes a right exercisable by the person to whom the aforesaid offer being made to renounce the new shares offered to him in favour of any other person.
- The offer after the expiry of the MAXIMUM 30 DAYS FROM MEETING or on receipt of earlier intimation from the person(s) to whom such notice was given that he declines to accept the new shares offered, the Board of Directors of the company be authorized to dispose of unsubscribed part of the new shares in such manner as they think most beneficial to the company.
- The Equity Shares so issued shall upon allotment have the same rights of voting as the existing equity shares and be treated for all other purposes pari-passu with the existing equity shares of the Company and that the equity shares so allotted during the financial year shall be entitled to dividend, if any, proportionately in the year of the allotment of these shares.
- The allotment of further shares to Non-Residents members shall be in accordance with the Regulations issued by the Reserve Bank of India under the Foreign Exchange Management Act, 1999.
- Share Certificates shall be issued to those to whom the further new shares are allotted within the time prescribed in the Companies Act, 2013.
RESOLVED FURTHER that the Board of Directors be and is hereby authorize to take all steps to implement the above resolutions, finalize and issue the letter of offer of rights and take all actions in connections with the further issue and allotment of shares to the members and others where applicable”.
Certified true copy
For NAME OF COMPANY Limited
NAME OF DIRECTOR
ADDRESS OF DIRECTOR
- SHARE APPLICATION FORM:
|From:||NAME OF SHARE HOLDER
ADDRESS OF SHARE HOLDER:
|To:||The Board of Directors,
NAME OF COMPANY,
|ADDRESS OF REGISTERED OFFICE|
We hereby apply for the _________Shares of the Company, having a face value of Rs __/- per __, as stated below in BLOCK 3. We have remitted the amount specified in Block 5 being the amount payable on application @ Rs ——-/- per equity share (inclusive of share premium of Rs—————-/- per share).
We agree to accept the equity shares applied for or such lesser number as may be allotted to us by the Company subject to the terms and conditions set forth in letter of offer and mutually agreed between us and the and the Company subject to the provisions of Foreign Exchange Management Act, 1999 and the Rules /Regulations/Notifications/Guidelines issued by the Govt of India/Reserve Bank of India in this behalf and the provisions of the Companies Act, 2013 and the rules and regulations made thereunder and the provisions of the Memorandum and Articles of Association of the Company, this Application Form, Share Certificates and any other Law, Rules and Regulations and other documents as may be relevant/applicable, if any,
We undertake that we will comply with the aforesaid as may be applicable to us from time to time and will sign all such other documents and do all such other acts, deeds and things, if any, that may be necessary on our part in this regard and to enable us to be registered as the holder(s) of the equity shares which may be allotted to us by the Company. We authorize you to place our name(s) on the Register of Members of the Company as the holder(s) of Equity Share(s) that may be so allotted to us.
We hereby enclose Board Resolution authorizing the investment as give below:-
|REGD. FOLIO NO.
|NO. OF EQUITY SHARES HELD
|NO. OF EQUITY
SHARE (S) APPLIED
@ Rs 275/- PER EQUITY SHARE
|AMOUNT PAID ON APPLICATION
@ Re. 275/- PER EQUITY SHARE
|Amount paid (Currency and also equivalent Rs. in Words)|
(Name of Bank and Branch)
|By Cheque / Draft / T.T.
Wire transfer /
|Payable at/transferred to
(Name of Bank and Branch)
SIGNATURE (with Company stamp/seal)
Specimen signature of applicant
- REJECTON FROM EXISTING SHARE HOLDER:
Date: (______) (14th May onwards)
The Board of Directors,
Name of Company,
Register office address of company
Subject: Non-acceptance of offer of Right Issue made to the Company
I received a letter of offer regarding issue of equity shares on right issue basis in proportion to one equity share for each equity share held by the me. I does not intend to accept this offer.
This is for your record and reference.
Name of Shareholder
Address of Shareholder
- ACCEPTANCE FOR SHARHOLDER:
Name of Shareholder
Address of Share holder
Acceptance of offer letter
- I am holder of ———–equity shares of Rs———–/- each in
Name of Company.
- I received a letter of offer from Name of Company regarding issue of equity shares on right issue basis in proportion to one equity share for each equity share held by the Company
- I intends to subscribe to —————- No. of Equity Shares new equity shares of of Rs.=———- each at a premium of Rs. —————— per share in the share capital of Name of Company by the me amounting to INR —————–.
- I intended to provide a capital injection of INR —————– in Name of Company after receiving the capital injection of ——————— from its other share holders.
Dated this day of
Name of Shareholder
Address of Shareholder
- RESOLUTION FOR ALLOTMENT OF SHARES:
CERTIFIED COPY OF THE RESOLUTION PASSED IN THE BOARD MEETING OF NAME OF COMPANY HELD ON ————–DAY OF ———–MONTH ————YEAR, AT REGISTERED OFFICE AT ADDRESS OF REGISTERED OFFICE.
“RESOLVED THAT in terms of authority given to the Board by the Articles of Association of the Company, NAME OF SHARHOLDER be and is hereby allotted and issued ——————— (No. of Equity Shares) equity shares each having a nominal value of Rs——-/-(———- Only) at a price of Rs. ——————/- (Rupees ————————- Only) per share, -in lieu of subscription monies of Rs. ——————/- ———- received from it as per the details given below:
|Name of Subscriber||No. of shares||Dist. Nos.||Nominal Value||Certificate No.||Folio No|
RESOLVED FURTHER THAT the above equity shares so issued and allotted Name of shareholder shall be subject to the provisions of the Memorandum and Articles of Association of the Company.
RESOLVED FURTHER THAT, a letter of allotment in relation to the above equity shares issued and allotted as aforesaid be issued to name of shareholder by the Company.
RESOLVED FURTHER THAT name of directors of company or any other Director of the Company be and is hereby authorized to do all such acts, deeds and things as may be required to be done to give effect to the above resolution, including issuance of duly stamped share certificates in relation to the above equity shares issued and allotted as aforesaid to name of shareholder in accordance with the provisions of the Companies Act, 2013 and rules made there under and the Articles of Association of the Company and do all other acts consequent to the issuance and allotment, including, in particular the payment of the requisite stamp duty, for issuing duly stamped share certificates evidencing the allotment of equity shares and give such directions as may be required, necessary, expedient or desirable for giving effect to the aforesaid resolutions.”
CERTIFIED TRUE COPY
For NAME OF COMPANY
NAME OF DIRECTOR
ADDRESS OF DIRECTOR
- RESOLUTION FOR SIGNATURE OF SHARE CERTIFICATE
RESOLVED FURTHER THAT the share certificates be issued under the Common Seal of the Company, under the signature of name of directors of company, Directors of the Company, and ———————————— as authorized signatory.
Author of all avobe format – CS Divesh Goyal
FSSAI full form is basically the Food Safety and Standards Authority of India. It is the governing and regulatory body for ensuring the safety of food products delivered to the consumers. Sometimes it is also referred to as the Food Authority of India. The Food Safety and Standards Act empowers FSSAI to exercise the powers in addition to carrying out the functions specified to them by the Government of India as well as the Ministry of Health and Family Affair. The Ministry of Health and Family also acts as a consultant for the FSSAI Food License.
FSSAI, empowered by the Food Safety and Security Act of 2006, sets the standards for healthy and consumable food products based on facts backed by science. The Food Authority of India also helps regulate the storage, production, distribution as well as the sales of the food products deemed safe to consume for the buyers of these food items. In addition to this, the food regulatory body also ensures that the food products are free from impurities and adulteration.
What is FSSAI license number?
FSSAI license is basically a 14- Digit registration number which is printed on food packages.Every food item in India has to be marked with the FSSAI logo and has to display the 14 digit-license number after they have under gone the food safety checks under the Food Safety and Standards Act. In addition to this, the food regulatory body has also instructed all restaurants and food eateries enlisted on the food aggregator apps like Zomato and Swiggy to display their fssai license number on the application and also give a hygiene rating for the food prepared by the restaurant. Failure to provide the aggregation apps with the required information will lead to your restaurant business being De-listed from the apps.
How to Apply
The process of application starts with the identification of eligibility of your premise. Depending upon the installed capacity (in case of manufacturers) and/or turnover (for other Kind of businesses) and/or location, your premise may be eligible for any of the following categories:
TYPES OF FSSAI LICENSE
|Central License||State License||Registration|
|Please Note: License/Certificate can be applied for a maximum period of 5 Years.|
|Central (1 Year)||State (1 Year)||Registration (1 Year)|
|New Application||Rs. 7500||View||Rs. 100|
|Renewal Application||Rs. 7500||View||Rs. 100|
|License/Certificate Modification||Rs. 7500||View||Rs. 100|
|Duplicate License/Certificate||10% of the Applicable License Fee||View||10% of the Applicable Certificate Fee|
FSSAI ELIGIBILITY RULES
Many times as a Food Business Owner it is difficult to determine what license to go for State or Central. Here, we list down the eligibility criteria so you can look up your type of business and swiftly proceed to acquire your food license.
Basic FSSAI Registration
Basic FSSAI registration is applicable for all food businesses and related activities like storage, sales, distribution, repacking and labeling for which the annual turnover does not cross Rs. 12 lakh or for food businesses which have a maximum turn over of Rs. 12 lakh Annually.
State FSSAI License Eligibility
The following FBOs can apply for a state FSSAI license
- Restaurants and Hotels
- Meat processing Units and Slaughtering Units
- Proprietary Foods
- Food Processing Units inclusive of corresponding retailers and repackers
- Vegetable Oil Processing Units as well as Production Units
- Dairy Units inclusive of Milk Chilling units
Central FSSAI License Eligibility
The following Food Business Owners have been deemed eligible to obtain the FSSAI central license by the regulatory authority
- 5 Star Hotels and above
- All Food Businesses inclusive of retailers, distributors, suppliers, and caterers mentioned for state license could apply for the central license if their operations are at larger scale.(~20 crore or more)
- Restaurants/ Food processing and handling chains with multiple branches across various states have to obtain the Central FSSAI license for the main branch/head office
- 100 % export oriented food processing/production units
- Food processing units, relabellers, and repackers who are processing more than 2 Metric Tonnes per day excluding grains, cereals, and pulse milling units
- Refrigerated storages holding a capacity of 10,000 Metric Tonnes or more
- Wholesalers with their annual turnovers amounting to Rs. 30 Crores or more
- Food Catering services located at airports as well as seaports
Based on Annual Turnover has to either apply for simple FSSAI Online Registration in FORM A with FSSAI or apply for Licensing in FORM B.
Documents to be enclosed for New Application for License to Central Licensing Authority
- Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the Authorized Signatory
- Blueprint/layout plan of the processing unit showing the dimensions in meters/square meters and operation-wise area allocation (mandatory for manufacturing and processing units only)
- List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details (mandatory for companies only)
- Name and List of Equipment and Machinery along with the number, installed capacity and horsepower used (mandatory for manufacturing and processing units only)
- Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory. (optional)
- List of food category desired to be manufactured. (In case of manufacturers)
- Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, collection of samples, packing & dispatch. (for manufacturers / processors)
- Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)
- Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) (optional)
- Partnership Deed/Affidavit of Proprietorship/Memorandum & Articles of Association towards the constitution of the firm. (optional) – For MoA – Three pages need to be uploaded (First page – Certification of incorporation, Second page – Authorization of food business activity and Third page – list of directors with addresses)
- Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives. (wherever applicable)
- NOC from manufacturer (mandatory for relabellers and repackers only)
- Food Safety Management System plan or certificate (if any)
- Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units.(wherever applicable)
- Source of raw material for meat and meat processing plants. (wherever applicable)
- Pesticide residues report of water in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory
- Recall plan wherever applicable, with details on whom the product is distributed. (optional)
- NOCs from Municipality or local body. (optional)
- Ministry of Commerce Certificate for 100% EOU
- Supporting documentary proof for Turnover
- NOC/PA document issued by FSSAI (In case of multiple documents, merge them into one document and then upload)
DAIRY UNITS INCLUDING MILK CHILLING UNITS EQUIPPED TO HANDLE OR PROCESS
1. Upload Production unit photograph 2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only) 3. List of Directors with full address and contact details (mandatory for companies only) 4. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only) 5. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the potable (mandatory only for manufacturing and processing units only) 6. Food Safety Management System plan or certificate (if any) 7. Declaration Form 8. Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory. 9. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) 10. Copy of certificate obtained under Coop Act-1861/ Multi State Coop Act-2002 in case of Cooperative (wherever applicable) 11. Partnership Deed/Self Declaration for Proprietorship/Memorandum & Articles of Association towards the constitution of the firm 12. Source of milk or procurement plan for milk including location of milk collection centre etc. in case of Milk and Products processing units (wherever applicable) 13. Form IX: Nomination of Persons by a Company alongwith the Board Resolution.
1. Upload Production unit photograph 2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only) 3. List of Directors with full address and contact details (mandatory for companies only) 4. Name and List of Equipments and Machinery along with the number, installed capacity and horsepower used (mandatory for manufacturing and processing units only) 5. Analysis report (Chemical & Bacteriological) of water to be used as an ingredient in food from a recognized/ public health laboratory to confirm the potable (mandatory only for manufacturing and processing units only) 6. Food Safety Management System plan or certificate (if any) 7. Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory. 8. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) 9. Partnership Deed/Self Declaration for Proprietorship/Memorandum & Articles of Association towards the constitution of the firm 10. Form IX: Nomination of Persons by a Company along with the Board Resolution. 11. Declaration Form 12. NOCs from Municipality or local body.
- Published in Starting a business
|This is to inform you that MCA has come out with two important ROC compliance to be completed in the next month itself.
• First – ‘Registered Office KYC -Form INC-22A” (MCA notification dated 21/02/2019)
—– Online Form for a request to file INC 22A (ACTIVE) ——
If you Want to open in a separate tab <Click here>
– Virtual Registered Office Services
– KYC of Director:- INR 500 per KYC+ Government Fee (if any)
– Trademark Registration:- INR 2000+ Government Fee
– ROC Return Filing:- Starting from INR 3500/-
– Accountancy Services:- Starting from INR 1200/- per month
– XBRL Conversion: Starting from INR 5100/-
– GST Return(s) : Starting from INR 500/-
- Published in Manage Business
Now you apply Private Limited, One Person Company, Limited Liabilities Partnership and Other Mode of Company Online by the filing of online for and upload document.
*All fields are mandatories
- Published in Starting a business
eForm INC-22A -ACTIVE (Active Company Tagging Identities and Verification) is available on MCA21 Company Forms Download page for filing purposes. Stakeholders may plan accordingly.
Where a company files “e-Form ACTIVE”, on or after 26th April, 2019, the company shall be marked as “ACTIVE Compliant”, on payment of a fee of ten thousand rupees”.
Purpose of the eForm
All the companies which got incorporated on or before 31st Dec 2017 which are under ‘Active’ status as on the date of filing shall submit required particulars in eForm INC-22A on or before 25th April 2019.
In case company does not file eForm INC-22A within the time limit, Filing of eForm shall be allowed with a fee of Rs. 10,000
List Of Documents Mandatory To Attach In Form (INC-22A)?
Photograph of the registered office address showing the Inside and Outside Building with the Photo of Director who is affixing the Signature on the Form.
What is the Details mandatory to fill in the INC-22A Form?
(a) Number of the Directors as on the date of filing
(b) Email id of the Company
(c) Details of Statutory Auditor
(d) Details of the Cost Auditor if Applicable
(e) Details include DIN no, Name and Designation of CEO, MANAGER AND WHOLE TIME DIRECTOR.
(f) Details include Pan, Name and Membership Number of Company Secretary if Applicable.
(g) Details of CFO if Applicable.
(h) SRN number of AOC-4/MGT-7 for FY 2017-2018
Instructions to fill the eForm, Specific Instructions to fill the eForm INC-22A at Field Level
Instructions to fill the eForm are tabulated below at field level. Only important fields that require detailed instructions to be filled in eForm are explained. Self-explanatory fields are not discussed.
|Section Name||Field Name||Instructions|
|1||(a)||CIN||Enter a valid CIN .
You may find CIN by entering the existing registration number or name of the company in the ‘Find CIN’ service available under the menu MCA services available on the MCA website.
|Click the Pre-fill button. System will automatically display the name, address of the registered office, listed flag and the email ID of the company.
In case there is any change in the email ID, enter the new valid email ID.
In addition to the above fields, details mentioned in point no. 3, 5,6,7 and 8 will get prefilled based on the validations/conditions mentioned in the respective sections.
|Send OTP||This button will be enabled only after successful Pre-scrutiny of the form. Click on this button to send OTP to your email ID.
Please note that OTP can be successfully sent to the email ID against one form, for a maximum of 10 times in one day.
OTP shall be valid for a span of 30minutes.
For further chances, you may download a fresh form on the same day or try next day.
|Enter OTP for Email ID of the company||Enter the OTP received on your email ID.|
|Verify OTP||This button will be enabled after OTP for email address are entered. Please note that the OTP must be verified before you try to upload the form.|
|2||(a)||Number of Directors||Ensure that the CIN entered in field no. 1(a) is valid and then click the Pre-fill button available in field no. 2. System will automatically prefill the number of directors and list of directors based on the no. of active associations of all director roles based on unique DIN|
Note: Ensure that company has minimum number of directors as prescribed in the Act [Minimum requirement in case of private company (other than Producer Company) is 2 directors and for a private producer company is 5 and for a public company is 3 or for an OPC is 1]
|(b)||Maximum Number of Directors are beyond limits prescribed in Companies Act, 2013||Specify the details of the date and relevant SRN of MGT-14 in case number of directors prefilled above is more than 15 for all companies except Section 8 and Govt. companies.|
|(c)||List of Directors as on date of filing.||Details of directors will get prefilled based on the no. of active associations of all director’s roles based on unique DIN.
Associations based on ascending order of appointment date will get prefilled starting from Sl.No. 1. No. of rows shall be regenerated based on number prefilled in field 2(a) subject to a maximum of 50 rows.
Ensure that all associated directors DIN status is in approved status which is not marked for disqualification.
Note: In case DIN status is other than approved, error message shall be shown to file the relevant form before filing Active Company Tagging Identities and Verification (ACTIVE).
|3||Details of statutory auditor(s).||System will automatically prefill entire section 3 of the form starting from ‘Number of auditor(s) appointed’ to ‘Period of account for which appointed To’ based on the on ADT-1 approved for the latest period|
|of accounts for which auditor is appointed for the CIN entered in field no.1 (a).
In case number of auditor(s) appointed is more than 1, number of blocks shall be regenerated and prefilled based on the number prefilled.
Note: Period To date prefilled shall be on or after 31-03-2019. If not, company need to file ADT-1 before filing INC-22A.
|4||(a)||Whether the company is required to appoint Cost Auditor||Specify whether company is required to appoint Cost Auditor, in case ‘Yes’ is selected, system will automatically prefill entire section 4 of the form starting from ‘Number of auditor(s)’ to ‘Financial year to be covered by the cost auditor(s) To’ based on the on CRA-2 approved for the latest financial year for which cost auditor is appointed for the CIN entered in field no.1 (a).
In case number of auditor(s) appointed is more than 1, number of blocks shall be regenerated and prefilled based on the number prefilled.
Note: In case YES is selected and no cost auditor details are prefilled, filing of INC-22A shall not be allowed.
Period To date prefilled shall be on or after 31-03-2019. If not, company need to file CRA-2 before filing INC22A.
|5||Details of the Managing director or
Chief Executive Officer (CEO) or Manager or Whole-time Director of the company
|System will automatically prefill number of roles, DIN/PAN, Name and designation based on roles associated with designation Managing director; Chief Executive Officer
Whole-time director for the CIN entered in field no. 1(a).
Note: Ensure that company has managing director, or Chief Executive Officer or manager and in their absence, a whole-time director in case company is listed company or public company having a paid-up share capital of ten crore rupees or more.
|6||Details of Company Secretary of the company, if applicable.||System will automatically prefill the details of Company Secretary who is in full time employment associated with CIN entered in Field no. 1(a).
Note: Ensure that company has whole time company secretary in case company is listed or public company having a paid-up share capital of ten crore rupees or more or company having paid up share capital of five crore rupees or more.
|7||Details of the Chief Financial Officer (CFO) of the company, if applicable.||System will automatically prefill the details of CFO associated with CIN entered in Field no. 1(a).
Note: Ensure that company has CFO in case company is listed company or public company having a paid-up share capital of ten crore rupees or more.
|8||Details of forms AOC-4/AOC-4
XBRL and MGT-7 filed for FY 201718
|System will automatically prefill the details of AOC-4/AOC-4 XBRL and MGT-7 SRN for the CIN entered in Field no. 1(a).|
SRN details will get prefilled based on the forms filed for the FY ending 31.03.2018 for which Payment status is ‘Paid’ and SRN status is either pending for processing or approved. SRN shall not be marked for defective. In case of multiple filings for the same FY, prefill based on latest form filed.
Note: In case AOC-4/AOC-4 XBRL and MGT-7 is not field for FY 17-18, ensure to file these forms before filing INC-22A.
|Attachments||The following attachment is mandatory to be filed in all cases:
• Photograph of Registered Office showing external building and inside office also showing therein at least one director/KMP who has affixed his/her Digital Signature to this form.
• Optional attachments, if any.
|To be digitally signed by||Ensure that the eForm is digitally signed by one director in case of OPC. In case company is other than OPC, form shall be signed by one director and one KMP or two directors.
Disqualified director is not allowed to sign the form.
• In case the person digitally signing the e-Form is a Director – Enter the approved DIN.
• In case the person digitally signing the e-Form is Manager, Chief Executive Officer (CEO) or Chief Financial Officer (CFO) – Enter valid income-tax PAN.
In case the person digitally signing the e-Form is Company Secretary – Enter valid membership number in case of other than Section 8 company. In case of Section 8 company and if designation selected as ‘company secretary’, either membership number/ PAN shall be entered.
|Certification||Ensure the eForm is digitally signed by a Chartered Accountant/ Cost Accountant or a Company Secretary in whole-time practice.
Enter the details of the practicing professional and attach the digital signature.
Fee to filing INC-22A
|S.No||Purpose of the form||Normal Fee||Additional (Delay Fee)||Fee||Logic for Additional||Fees Re||marks|
|Event Date||Time limit(days)
|1.||INC-22A filed on or before 25th April 2019||Zero||#N/A||#N/A||#N/A|
|2.||Filing for eForm INC 22A where ACTIVE flag is marke
d as i.e., are non-
Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.
Micro Small and Medium Enterprises (MSME) sector have emerged as a highly vibrant and dynamic sector of the Indian economy over the last five decades. MSMEs not only play a crucial role in providing large employment opportunities at comparatively lower capital cost than large industries but also help in the industrialization of rural & backward areas, thereby, reducing regional imbalances, assuring more equitable distribution of national income and wealth.
Udyog Aadhaar Memorandum (UAM)
UAM is a one-page registration form which constitutes a self-declaration format under which the MSME will self-certify its existence, bank account details, promoter/owner’s Aadhaar details and other minimum information required. There shall be no fee for filing the Udyog Aadhaar Memorandum. On submission of the form, Udyog Aadhaar Acknowledgement shall be generated and mailed to the email address provided in the Udyog Aadhaar Memorandum which shall contain unique Udyog Aadhaar Number (UAN).
Required Information to Registered Udhyog Adhar : –
1. Aadhaar Number – 12 digit Aadhaar number issued to the applicant should be filled in the appropriate field.
2. Name of Owner– The applicant should fill his/her name strictly as mentioned on the Aadhaar Card issued by UIDAI. E.g. if Raj Pal Singh has his name as Raj P. Singh, the same should accordingly be entered if the name does not match with the Aadhar Number, the applicant will not be able to fill the form further.
To Validate Aadhar:-
- Validate Aadhar– The applicant must click on Validate Aadhaar button for verification of Aadhaar after that only user can fill the form further.
- Reset– The applicant can click on reset button to clear the field of Aadhaar No and Name of the owner for different Aadhaar.
OTP will be sent to your mobile number registered with UIDAI. If your mobile number is not registered with UIDAI, please follow instructions given on Pop up window.
3. Social Category– The Applicant may select the Social Category (General, Scheduled Caste, Scheduled Tribe or Other Backward Castes (OBC). The proof of belonging to SC, ST or OBC may be asked by appropriate authority, if and when required.
4. Gender– The Applicant can select the gender of Entrepreneur
5. Physically Handicapped– The Applicant can select Physically Handicapped status of Entrepreneur
6. Name of Enterprise– The Applicant must fill the name by which his/her Enterprise is known to the customers/public and is a legal entity to conduct business. One applicant can have more than one enterprises doing business and each one can be registered for a separate Udyog Aadhaar and with the same Aadhaar Number as Enterprise 1 and Enterprise 2 etc.
Combination of same Aadhaar Number and Enterprise Name can be added second times. Only additional details can be added or deleted at the time of editing
7. Type of Organization– The Applicant may select from the given list the appropriate type of the organization for his/her enterprise. The Applicant must ensure that he/she is authorized by the legal entity (i.e. enterprise being registered for Udyog Aadhaar) to fill this online form. Only one Udyog Aadhaar number shall be issued for each enterprise.
8. PAN Number – The Applicant have to enter PAN Number in case of Co-Operative, Private Limited, Public Limited, and Limited Liability Partnership. It Will be optional in the remaining type of Organisation
9. Location of Plant– The Applicant may add multiple plant location in one registration by clicking Add Plant button.
10. Official Address– The Applicant should fill in the appropriate field the complete postal address of the Enterprise including State, District, Pin code, Mobile No and Email.
11. Date of Commencement– The date in the past on which the business entity commenced its operations may be filled in the appropriate field.
12. Previous Registration Details(if any)– If the Applicant’s enterprise, for which the Udyog Aadhaar is being applied, is already issued a valid EM-I/II by the concerned GM (DIC) as per the MSMED Act 2006 or the SSI registration prevailing prior to the said Act, such number may be mentioned in the appropriate place.
13. Bank Details– The Applicant must provide his/her bank account number used for running the Enterprise in the appropriate place. The Applicant must also provide the IFS Code of the bank’s branch where his/her mentioned account exists. The IFS code is nowadays printed on the Cheque Books issued by the bank. Alternatively, if the Applicant knows the name of the Bank and the branch where his/her account is there, the IFSC code can be found from the website of the respective Bank.
14. Major Activity– The major activity i.e. either “Manufacturing” or “Service” may be chosen by the enterprise for Udyog Aadhaar. If your enterprise involves in both type of activities and if major work involves in Manufacturing and a small portion of activity involves in Service sector then select your major activity type as “Manufacturing” and if major work involves in Services and small portion of activity involves in Manufacturing then select your major activity type as “Services”
15. National Industry Classification Code(NIC Code)– The Applicant may choose multiple National Industrial Classification-2008 (NIC) Codes to includes all their activities. Which means a user can select multiple NIC code of Manufacturing and Service sector by clicking the “Add More” button. If you want to add Manufacturing then select “Manufacturing” radio button and keep on adding by clicking “Add More” button otherwise if you want to add Service then select “Services” radio button and keep on adding by clicking “Add More” button. The NIC codes are prepared by the Central Statistical Organisation (CSO) under the Ministry of Statistics and Program Implementation, Government of India.
The Applicant may use National Industrial Classification-2008 (NIC) Codes searching facility to avoid 3 steps selection process.
Example: User has to write a matching keyword (2 or more characters) in a Search text box in Column No 11. Then all related NIC CODEs will be listed (including Nic 2 Digit, Nic 4 Digit & Nic 5 Digit) with code and description. If User selects NIC 5 Digit code, then automatically all the related fields(like NIC 2 Digit, 4 Digit, 5 Digit & Enterprise Type) at column 11 will be automatically filled. Same way, If a user selects NIC 4 digit, then a related field of 2 digit NIC Code will be filled, but a user has to select NIC 5 digit from the drop down(In this case 2 steps are required).
16. Person employed– The total number of people who are directly been paid salary/ wages by the enterprise may be mentioned in the appropriate field.
17. lnvestment in Plant & Machinery / Equipment– While computing the total investment, the original investment ( purchase value of items) is to be taken into account excluding the cost of pollution control, research and development, industrial safety devices, and such other items as may be specified, by notification of RBI. If an enterprise started with a set of plant and machinery purchased in 2008 worth Rs. 70.00 lakh has procured additional plant and machinery in the year 2013 worth Rs. 65.00 lakh, then the total investment in Plant & Machinery may be treated as Rs. 135.00 lakh.
18. DIC– The Applicant, based on the location of the Enterprise, has to fill in the location of DIC. This Column will be active and show the option only when there are more than one DIC in the district. In fact, if there is only one DIC in the district system will automatically register you in the same DIC.
19. Submit– The Applicant must click on Submit button to generate OTP which will be sent to email id mentioned for registration.
20. The Applicant have to enter OTP received on mobile (linked with Aadhaar) second time.
21. Enter Captcha– The Applicant must enter Captcha before clicking Final Submit button.
GST Council in the 31st meeting held on 22nd December, 2018 at New Delhi took following decisions relating to changes in GST rates, and clarification (on Goods). The decisions of the GST Council have been presented in this note for easy understanding. The same would be given effect to through Gazette notifications/ circulars which shall have force of law.
I. GST rate reduction on goods which were attracting GST rate of 28% :
A. 28% to 18%
- Pulleys, transmission shafts and cranks, gear boxes etc., falling under HS Code 8483
- Monitors and TVs of upto screen size of 32 inches
- Re-treaded or used pneumatic tyres of rubber;
- Power banks of lithium ion batteries. Lithium ion batteries are already at 18%.
- This will bring parity in GST rate of power bank and lithium ion battery.
- Digital cameras and video camera recorders
- Video game consoles and other games and sports requisites falling under HS code 9504.
B. 28% to 5%
- Parts and accessories for the carriages for disabled persons
II. GST rate reduction on other goods,-
A. 18% to 12%
- Cork roughly squared or debugged
- Articles of natural cork
- Agglomerated cork
B. 18% to 5%
- Marble rubble
C. 12% to 5%
- Natural cork
- Walking Stick
- Fly ash Blocks
D. 12% to Nil:
- Music Books 2 of 3
E. 5% to Nil
- Vegetables, (uncooked or cooked by steaming or boiling in water), frozen,branded and put in a unit container
- Vegetable provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption.
- Exemption from GST on supply of gold by Nominated Agencies to exporters of article of gold Jewellery.
- Exemption from GST on proceeds received by Government from auction of gifts received by President, Prime Minister, Governor or Chief Minister of a State and public servants, the proceeds of which is used for public or charitable cause.
- Exemption from IGST/Compensation cess on vehicles imported for temporary purposes under the Customs Convention on the Temporary importation of Private Road Vehicles (carnet de passages-en-douane).
- Rate of 5%/18% to be applied based on transaction value of footwear
- Uniform GST rate of 12% on Flexible Intermediate Bulk Container (FIBC) from existing 5%/12% (depending on the value)
III. GST on solar power generating plant and other renewable energy plants
- GST rate of 5% rate has been prescribed on renewable energy devices & parts for their manufacture (bio gas plant/solar power based devices, solar power generating system (SGPS) etc) [falling under chapter 84, 85 or 94 of the Tariff]. Other goods or services used in these plants attract applicable GST.
- Certain disputes have arisen regarding GST rates where specified goods attracting 5% GST are supplied along with services of construction etc and other goods for solar power plant.
- To resolve the dispute the Council has recommended that in all such cases, the 70% of the gross value shall be deemed as the value of supply of said goods attracting 5% rate and the remaining portion (30%) of the aggregate value of such EPC contract shall be deemed as the value of supply of taxable service attracting standard GST rate. 3 of 3
- Sprinkler system consisting of nozzles, lateral and other components would attract 12% GST rate under S.No. 195B of notification No. 1/2017-Central Tax (Rate) dated 28.6.2018
- Movement of Rigs, Tools & Spares and all goods on wheels on own account where such movement is not intended for the further supply of such goods but for the provision of service does not involve a supply (e.g., movement of testing equipment etc.) and is not be liable to GST.
- The goods with description Bagasse Board [whether plain or laminated] falling under Chapter 44 attract GST at the rate of 12%.
- Concessional GST rate of 5% applies to the LPG supplied in bulk to an OMC by refiners/practitioners for bottling for further supply to household domestic consumers.
- While animal/cattle/aquatic/poultry feed are exempt vide S. No. 102 of notification No. 2/2017-Central Tax (Rate), this exemption would not apply to their inputs such as fish meal, meat bone meal, bran, sharps, oil cakes of various
oil seeds etc.
- Manure of determination of the classification of vitamins, provitamins etc. as animal feed supplements
- Sattu or Chattua falling under HS code 1106 and attracts the applicable GST rate.
- Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags laminated with BOPP falls under HS code 3923 and attract 18% GST rate.
- 18% GST is applicable on wood logs including the wood in rough/log used for pulping.
- Turbocharger is classified under heading 8414 and attracts 18% GST and not 5% GST.
- Fabric even if embroidered or has stitching of lace and tikki etc., and even if sold in three piece fabric as ladies suit set, will be classifiable as fabric and would attract 5% GST.
- Scope of concessional rate of 5% GST rate for specified equipment for waste to energy plant.
- Published in Goods and Service tax- GST
Trademark | Copyright | Patent | Design
As a business owner, if you have a unique idea i.e. likely going to be translated into a product or service or an algorithm, it is very important to think about the intellectual property right for this particular thing right from the beginning. Because intellectual property right (IPR) is something that gets less attention and is neglected which leads to big problems in the business in the future so it is going to be very important for us to understand the critical aspects of the intellectual property rights from some of our subject matter experts.
In the process of starting your business, if you’re going to be creating anything, whether it’s creating anything which is in literary or something in writing or it’s an artistic work or it’s music or even your brand or even designs, all of these things are intellectual property and capable of protection and more importantly monetization for you going forward.
There are a few aspects of IPRs which you must look at for registering your creation:
This is something you can do for protecting your brand/logo. This helps you in differentiating your products/services from other players in the market.
REGISTRATION PROCESS of Trademark:
Registration of a trademark can be done by two ways offline or online. Offline registration of the trademark can be done at one of the offices of the trademark register based on the jurisdiction. While online registration is called E-filing of a trademark.
E-filing of a trademark application is a new service provided by the trademark office. E-filing is beneficial and more useful than offline registration as it provides trademark application number immediately. It also provides online verification to assure error-free filing and obtain your filing date. It also speeds up the process. All the details can be saved in your PC and can see online history or track status of the applications filed by clicking “Status of filed application”.
The trademark registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.
Duration of Trademark:
Trademark can be registered for a duration of 10 years. It can be renewed for a further period of 10 years on payment of the renewal fees. The trademark can be renewed by filling the form TM-R with transaction costs.
Documents required and Fee for Trademark:
A soft copy of the logo in JPEG format is required for the registration.
• Name and address of the proprietor of the mark or Name of all the partners if its a partnership firm. or also attached partnership firm deed.
- For Private Limited Company – COI and Name and address of Authorized signatures
• In case company if you submit MSME certificate the fees will be reduced. You have to pay only Rs.4500/ instead of Rs.9,000/-
• In case of sole-proprietary firm fees will be Rs.4500/- or in case of Company Rs.9,000/-
Types Of Trademark available:
- Names According to Section 9 or 11 of Trade Marks Act it should not be similar to with an earlier trademark.
- The Combination of Colours or even a single color in combination with a word or device according to Section 10.
- Letters, numerals or combination of both.
- Sounds Mark
It is a legal right which is given to the creator of the product for a fixed time period.
Through this the author enjoys the exclusive privilege to publish, broadcast, adapt, make derivative works, showcase and monetize the same. It could either be a literary work, a dramatic work, music or artistic work.
How to get Copyright for a website?
A website may contain a number of elements that are literary or artistic in nature. For example, words, graphics, videos, software and photos etc. As per the Copyright Office, you will have to file copyright registration request for each of these elements separately.
Duration/Term of Copyright
In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.
In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations are protected for a period of 60 years which is counted from the year following the date of publication.
Application Procedure of Copyright
Any individual who is an author or rights owner or assignee or legal heir can file an application for copyright of a work either by the e-filing facility or by speed post. However, with effect from August 01, 2014, the Copyright Counter for filing copyright applications has been closed in order to popularise the electronic filing. Online Filing Process:
Step 1- Applicant need to create a User ID at http://copyright.gov.in/UserRegistration/frmNewUser.aspx by filling basic details.
Step 2- After successful registration, browse http://copyright.gov.in/UserRegistration/frmLoginPage.aspx and Log In with credentials.
Step 3- Once you are Logged In, click on “e-Filing of Application” in the left menu.
Step 4- Click on the link “Click here for online Copyright Registration”
Stage 5- The online “Copyright Registration Form” is to be filled-up in four
Offline Filing Process:
a) Application for registration is to be made on Form XIV. Form can be downloaded from here-http://copyright.gov.in/frmformsDownload.aspx
b) Separate applications should be made for registration of each work.
c) Each application should be accompanied by the requisite fee.
d) The applications should be signed by the applicant or the advocate in whose favour a Power of Attorney has been executed. The Power of Attorney should also be enclosed.
e) Answer each and every column of the Statement of Particulars and Statement of Further Particulars specifically.
Send the documents by post to Copyright Division, Department of Higher Education, Ministry of Human Resource Development, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi : 110001 Email
Telephone No, – 011-23362436
A mandatory period of 30 days should be passed post obtaining the diary number so that no objection is filed in the Copyright office against your claim that particular work is created by you. If such objection is filed it may take another one month time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing to both the parties.
If no objection is filed the application goes for scrutiny from the examiners. If any discrepancy is found the applicant is given 30 days time to remove the same. Therefore, it may take 2 to 3 month’s time for registration of any work in the ordinary course. The applicant himself or his/her leader may appear in the hearing according to S. 27 of the Act. As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board. The registration of a copyright thus, may take a period of 1 to 1.5 years.
List of Documents required to be submitted by Post along with application form. Refer to the document list based on Type of Work. Click here for list- Documents Required for Copyright Registration in India.
Fee for copyright:
The Fee can by paid either through Online mode or Postal Order or Demand Draft. List of Documents required to be submitted by Hand/ By Post along with application form.
3. Patent – The focus here is on proving the novelty of your creation. It needs to be a new invention for you to get a patent. Availing patent protection is a bit more complex than getting a trademark or a copyright. Generally, these are given for machines and pharmaceutical products.
4. Design – Registered designs are used to protect the external appearance of any object. These are primarily meant for protecting designs meant for commercial/industrial use. For instance, a Coca-Cola bottle.
IP – Investor’s Perspective
Whenever the company seeks funding from the investor community, IP – how it is managed and protected
– becomes an important criteria for them to decide. It helps investors figure out the long-term growth of the company. They check on a few key aspects like:
- IP ownership rests with the company and not with the founder
- Ensure that there are no arrangements of IP sharing.
- How frequently are the IP rights being reviewed?
- What are the legal implications for changes made to the brand or logo?
IP Registration Process
When it comes to registering your IP, say, for instance, trademark, the first thing which you need to figure out is to decide on its geographic spread – national registration or international registration. Under the Indian national regime of registration of a trademark, you can apply to any of the five registrars located at Mumbai, New Delhi, Kolkata, Ahmedabad, or Chennai for complete protection across India. The Registrar shall examine the application, post which it shall be published in the Indian Trademarks Journal. If no opposition is raised by any third party within 90 days, the Registrar accepts the trademark application.
Under the international regime, India is a signatory to various treaties, which allow for registration of a trademark in multiple countries with a single application process. Depending on the targeted countries you wish to register your trademark in, you can select any of the various international treaties such as the Madrid Protocol, European Community Trademark, etc.
Conclusion: When you think of any startup business you must have to Understand your intellectual property obligations. these intellectual property obligations build your band and secure your content & design.
In any business legal and statutory clarity is of utmost importance but unfortunately most early stage entrepreneurs do not have the clarity or do not do enough homework in order to make sure that they understand the legal aspects well, because of which at the end of the day the business bears the brunt. and most entrepreneurs realize it too late in the day regarding the various legal pitfalls and at that point of time Often steps are taken too late in the day by which time the legal aspects have already become very complicated so for any business before you start is going to be very important to ask ourselves three fundamental questions
- What kind of Registrations need to be made?
- What kind of permits need to be obtained?
- What kind of compliances need to be followed?
Types of Permits
There are generally two types of permits if you could broadly classify them. One would be the 1. Generic Permit – that go to any form of businesses. These would relate to tax registrations, service tax registrations to enable payments being made, withholding of taxes when payments are being made. Then there would be those which relate to generally 2. Office Setup – When it comes to office set up it could relate to shops and establishment, compliance with your municipal laws, which zones your offices are located at in the relevant areas. Very often people don’t realize that residential premises can’t be used for office purposes. There are municipal laws, there are municipal requirements, so the best way to go about it is not to do research yourself Best way to go about is engage a consultant, it could be a lawyer, it could be a consultant who deals in this area. The other thing is that when you set up your company and you get the registration of your company done, you also need to ask your lawyers that whether there are any 3. Industry Specific Permit or license is require and what I mean is that today for example, if you are in the media business. Let’s say that you have a television channel. You may require a license from ministry of information and broadcasting.
Permits are a legal form of authorization that allows you to do certain activities on the basis of certain permissions taken from the respective regulatory bodies. The purpose is of course to avoid any legal implications in future. The various types of permits and registrations are listed below:
1) Tax Registrations – Applies to almost all forms of business, namely PAN, TAN, etc. Certain other tax registrations apply depending on the nature of business, namely, Central Excise if goods are being manufactured, and Service Tax for activities that qualify as “services” under applicable tax laws, etc.
2) Office Setup Permit – These are permits which are required to commence any business as per certain acts like shops and establishment act, municipal laws, etc.
3) Labour Law Registrations – These apply to the employer for the benefit of its employees namely provident fund registration, gratuity, etc.
4) Industry Specific Permit – These are business specific permits which are required as per the industry. So, permissions are to be taken from respective ministries. For example, if you are operating in the media industry, you must get the license/approvals from the Ministry of Information and Broadcasting.
Tax Registration Documents:
It is good to have all the tax registrations in place even before you commence your business. Most startups tend to avoid and delay these activities, leaving it for the time when they start making revenues. This is not advisable, as it is a must to have your house in order, for it to function well, and on an ongoing basis. There are two basics that you need to have:
1. Permanent Account Number (PAN): It is a mandatory requirement for any business to have a PAN number before opening a bank account. PAN is used for paying direct taxes.
2. Tax Deduction Account Number (TAN): This is required when you make any third-party payments, say to the supplier of your goods/service. TAN is used for deducting tax at source.
Compliance is one of the key building blocks to a successful business. What compliance really does is it builds a process and in any organization structure whether internally or whether you are looking at it externally, compliance sets the discipline, it sets a certain motion to the organization.
Ineffective compliance creates a huge business risk for any entrepreneur. Issues with compliance keep getting complex as your business grows. Having processes in place help you avoid legal hurdles; gain investor confidence and improve operations. Not following the same, can lead to a number of setbacks, like loss of management time in correction, monetary penalties and loss of reputation.
For compliance purposes, you need to make certain filings for annual compliance, quarterly compliance and conduct board meetings as per policy. For all these, it is advisable to hire a Company Secretary.
When you seek investments, one of the first things that potential investors will look for is whether the company is legally compliant or not and whether the reported numbers are audited or not, etc.
In the case of the burgeoning e-commerce space, it is becoming important to follow relevant e-business policies. There are certain areas which need to be addressed like:
- Ensuring data privacy
- Following payment gateway rules
You should be able to:
- Understand the different types of permits required for your business
- Think through the required tax registration documents as per the law
- Acknowledge the importance of compliance and follow them