Friday, 20 May 2016

Company Registration Process

 Company Registration


To register a company, you need to first apply for a Director Identification Number (DIN) which can be done by filing eForm for acquiring the DIN. You would then need to acquire your Digital Certificate and register the same on the portal. Thereafter, you need to get the company name approved by the Ministry. Once the company name is approved , you can register the company by filing the incorporation form depending on the type of company

Minimum Requirements for the Private Limited Company.. Minimum 2 Directors
Minimum 2 Shareholders
The directors and shareholders can be the same person
DIN(Director Identification Number) for all the Directors
DSC(Digital Signature Certificate) for one of the Directors


step 1. Obtain the Director Identification Number (DIN) ——— Obtain the DIN by filing application Form DIR-3 only Obtain the DIN by filing application Form DIR-3 online. This form is on the Ministry of Corporate Affairs (MCA 21) portal.

Step 2. Search for the Company Name availability he Promoters have to provide at least 6 names in the order of their preference/priority.

Step 3. Application for Registration of Name The Promoters need to file e-Form INC.1 with Registrar of Companies for reservation of name . The Applicant needs to give 6 proposed names in preference/priority along with their meaning and significance of each word.

Step 4. Drafting of Memorandum of Association (MOA) & Articles of Association (AOA) Memorandum of Association covers fundamental provisions of the company’s constitution. It covers name, objects, situation, capital and liability clause.

Step 5. Filing of e-forms with ROC (Registrar Of Companies)

Form INC.7, INC.8, INC.9. INC.10 and DIR.12

Step 6. Payment of ROC Fees & Stamp Duty After filing of documents online, we need to make payment of ROC fees and Stamp Duty electronically which is based upon the Authorized Capital of the Company

Step 7. Verification of documents / forms by ROC After payment of all stamp duties and ROC fees, ROC scrutinizes all the documents and forms. In case of any objections/queries raised by ROC, re-submission of forms may also require.

Step 8. Issue of Certificate of Incorporation by ROC Once all the Forms are duly approved by ROC, the digitally signed “Certificate of Incorporation” is emailed to the Directors. As part of the Green Initiative by the MCA (Ministry of Corporate Affairs), few Certificates including “Certificate of Incorporation” are now issued only in the electronic format i.e. soft copy (having digital signature of ROC Registrar). Once the Incorporation Certificate is received, Company can start it’s operations.  

Friday, 13 May 2016

Copyright Registration


 Copyright Registration


Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings.

Copyright protects original, tangible work you have created including things like writings, drawings, books and poems. It also protects:
·         Movies
·         songs and sound recordings
·         artistic works like paintings and sculptures
·         computer software programs
·         architecture plans and drawings

Your copyright affords you the exclusive right to make copies of your protected work, sell it, and distribute it. Your copyright also allows you to create adaptations or derivative pieces from your work, perform your work (e.g. like in a play) and display your work in public.
Consider the reasons to register your copyright:

·         A registered copyright is a matter of public record.
·         Registered copyright holders receive a certificate of registration from Copyright Office.
·         You must register your copyright before you bring a lawsuit related to infringement of your work.
·         Registered works may be eligible for statutory damages and attorney's fees if you win a lawsuit to protect your rights.

·         If you register your work within five years of the first publication of the work, the registration is considered prima facie evidence, which puts the burden on the other party to prove that they had a copyright to the same idea before you did.

Monday, 9 May 2016

The Importance of Trademark Registration

 Trademark Registration in Delhi

There are effectively few reasons why it is important to register a trademark.

1.Trademarks are an effective communication tool: In a single brand or logo, trademarks can convey intellectual and emotional attributes and messages about you, your company, and your company’s reputation, products and services.

2.Trademarks make it easy for customers to find you: Customers viewing a trademark immediately know who they are dealing with, the reputation of your business and are less likely to look for alternatives. Your brand could be the critical factor in driving a customer’s purchase decision.

3.Trademarks are a valuable asset. Trademarks can appreciate in value over time. The more your business reputation grows the more valuable your brand will be.

4.Trademarks can make hiring easier. Brands can inspire positive feelings in people’s minds. As a result, employment opportunities are more attractive to candidates. Employee retention can be higher if employees have positive feelings for the brand and the products and services offered.

5.Avoiding Unwelcome Change: Changing the name of a company can be a difficult and costly task. Having successfully created a good reputation for your business, it can take significant marketing pounds to rebuild a renamed brand. When a logo, symbol or name is unregistered there is always the risk that another business may register it and cause significant difficulties, perhaps by attempting to prevent your business from operating or expanding under its current identity.

6.Building value: Because of the above, potential investors will always be interested in whether a business has trademarked its name, key products or services. Trademark registration not only increases security, but also aids clarity in any merger or franchising of the business, positively impacting its perceived value.

7.Protection: It is important to ensure that your business is appropriately protected against competition. Unauthorized parties who use your trademark without authorization can damage your brand, your reputation and your business, but they are often in a legally weak position and can be prevented from causing damage relatively easily. By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses to imitate you.

There are two key considerations. Firstly, that your business is appropriately protected in the countries it operates or intends to operate in, and secondly, that your business is protected in all of the classes of service or products it provides.