Frequently Asked Questions on Private Limited Company, LLP, OPC, Trademark, Copyright, Design and other legal registrations

One Person Company

Q. What is one person company?
  - An OPC allows you to run a one man show. A company having only one shareholder and director apart from nominee.
Q. How can I open my company with company360?
  - You need to only upload or courier your documents to us and company360 will get it done.
Q. How many people are required to incorporate a One Person Company?
  - For incorporating a One Person Company (OPC), a Director and a nominee is required.
Q. What are the requirements to be a Director or Nominee in a OPC?
  - One person who is an Indian citizen and a resident in India is eligible to incorporate a One Person Company or be a nominee member. And both the Director and Nominee must also be over 18 years of age.
Q. How many OPC can a person have?
  - A person is only allowed to incorporate upto five One Person Companies (OPC).
Q. Can OPC have only one director?
  - No, maximum of 12 Directors can be appointed by a One Person Companies (OPC).
Q. What is the minimum capital required to start a One Person Company (OPC)?
  - One Person Company can be started with minimum of Rs. 1 lac as paid up capital.There is no requirement to show proof of capital invested during the incorporation process.
Q. Who can be a nominee in OPC?
  - Any person who has attained majority (18 years of age) and is resident of India.
Q. Do I need to have an office for starting a One Person Company?
  - No, Any address in India be it commercial/industrial/residential where the registered office of the One Person Company will be situated is required for registering a One Person Company (OPC). where any communication from the MCA may be received.
Q. Do I have to be present in person to incorporate a One Person Company?
  - No, you will not have to be present at our office or appear at any office for the incorporation of a One Person Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.
Q. What are the documents required for incorporation for One Person Company (OPC)?
  - Identity proof and address proof is mandatory for all the proposed Director and Nominee of the One Person Company. PAN Card is mandatory. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof (utility bills).These are basics necessity, details will be shared at the time of formation of One Person Company (OPC).
Q. How long will it take to incorporate a One Person Company?
  - One Person Company may be incorporated in 7-15 days after submission of all requisite documents. The time taken for incorporation will depend on submission of relevant documents by the client and speed of Government Approvals. In order to ensure speedy registration, it is advisable to choose a unique name for your Company and ensure that you have all the required documents prior to initiate the incorporation process.

Private Limited Company

Q. How can I start with process of private limited company incorporation?
  - You have to send 6 desired names for you private limited company and scanned copy of documents required to company360.in at info@company360.in.
Q. How long will it take to incorporate a Company?
  - A Private Limited Company may take 14-20 days for incorporation. However, the time taken for registration highly depends on submission of relevant documents by you and speed of Government Approvals.
Q. Is there anything I need to do after incorporation of my Private limited company?
  - Yes, you need to follow post incorporation compliances, which company360 experts will update you timely. like Appointment of Auditor. , Book Keeping. and Annual Filing with ROC
Q. How many people are required to incorporate a private limited company?
  - To incorporate a private limited company, a minimum of two people are required. A private limited company must have a minimum of two Directors and can have upto a maximum of fifteen Directors. A minimum of two shareholders and a maximum of upto 200 shareholders are allowed in a private limited company.
Q. What are the requirements to be a Director?
  - The Director needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals can be Directors in an Indian Private Limited Company. But certainly there must be a resident director for company incorporation.
Q. What is the capital required to start a private limited company?
  - You can start a Private Limited Company with any amount of capital. However, fee must be paid to the Government for issuing a minimum of shares worth Rs.1 lakh [Authorized Capital Fee] during the registration of the Company. There is no requirement to show proof of capital invested during the registration process.
Q. Do I need to have an office set up before starting a Private Limited Company?
  - No, we need an address in India where the registered office of the Company will be situated is required. The premises can be a commercial / industrial / residential where communication from the MCA will be received.
Q. What are the documents required for registration?
  - Identity proof and address proof is mandatory for all the proposed Directors of the Company. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof. These are just basic documents, detailed list will be provided during incorporation.
Q. How long is the registration of the Company valid for?
  - Once a Company is incorporated, it will be active and in-existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the Company will become a Dormant Company and maybe struck off from the register after a period of time. A struck-off Company can be revived for a period of upto 20 years. Although a private limited company can be closed voluntary as per the procedure laid down in Companies Act, 2013.
Q. What is a Digital Signature Certificate?
  - A Digital Signature establishes your identity electronically while filing documents through the Internet. The Ministry of Corporate Affairs (MCA) mandates that the Directors sign some of the application documents using their Digital Signature. Hence, a Digital Signature is required for all Directors of a proposed Company.
Q. What is Director Identification Number (DIN)?
  - Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.
Q. What is authorized capital fee?
  - Authorized capital of a Company is the amount of shares a company can issue to its shareholders. Companies have to pay the Government an authorized capital fee to issue shares in a Company. Companies have to pay authorized capital fee for a minimum of Rs.1 lakh.
Q. What are the statutory compliances required for a Private Limited Company?
  - There are several compliances that a private limited company need to comply time to time. So a regular professional guidance is recommended. For instance, a private limited company must hold a Board Meeting atleast once in every 3 months. In addition to the Board Meetings, an Annual General Meeting must be conducted by the Private Limited Company, atleast once every year.
Q. Can NRIs / Foreign Nationals be a Director in a Private Limited Company?
  - Yes, a NRI or Foreign National can be a Director in a Private Limited Company after obtaining Director Identification Number, subject to the condition that atleast one Director on the Board of Directors must be a Resident in India.
Q. Can NRIs / Foreigners hold shares of a Private Limited Company?
  - After Complying with the conditions stipulated in Foreign Direct Investment (FDI) Guidelines.
Q. What are FDI Guidelines for Foreigners in a Private Limited Company?
  - Under the Automatic Route 100% Foreign Direct Investment is allowed in India in many of the industries. Only a post-investment filing is necessary with the RBI for the purpose of indicating the nature of investment made. However, there are a few industries that require prior approval from the RBI before making any investment.

Limited Liability Partnership

Q. What does it mean by LLP?
  - It is one unique form of business giving you benefit of a corporate structure and traditional partnership. An LLP has a separate legal entity and, while the LLP itself will be liable for the full extent of its assets, the liability of the partners will be limited.
Q. What is need to do in order to incorporate a Limited Liability Partnership?
  - To incorporate a Limited Liability Partnership, a minimum of two people are required. You need to have one partner. A Limited Liability Partnership must have a minimum of two Designated Partners and there exist no barrier to maximum number of partners limit.
Q. How can I become a Partner in a Limited Liability Partnership (LLP)?
  - The Designated Partners needs to be major i.e. over 18 years of age and must be a natural person. There are no restrictions in terms of citizenship or residency for LLP incorporation. The LLP Act 2008 allows Foreign Nationals including Foreign Companies & LLPs to incorporate a LLP in India provided at least one designated partner is a resident of India.
Q. What is the minimum capital required to start a Limited Liability Partnership?
  - There is no minimum capital requirement; you can start a Limited Liability Partnership with any amount of capital.
Q. Do I need an office before starting a Limited Liability Partnership?
  - No, only an address situated in India is required for Limited Liability Partnership registration, where communication from the MCA can be received.
Q. How can I start the process to incorporate a LLP?
  - You have to send requisite list of documents for LLP incorporation to us. All the documents can be scanned and sent through email to our experts. Some documents will also have to be couriered to our office.
Q. What are the documents required for incorporation of LLP?
  - Identity proof and address proof is mandatory for all the proposed Designated Partners of the LLP registration. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof. These are basics necessities; further details will be shared at the time of formation of LLP.
Q. How long will it take to incorporate my LLP?
  - A Limited Liability Partnership may take 40-45 days for incorporation after the submission of all requisite documents. However, the time taken for incorporation will depend on submission of relevant documents by the client and speed of Government Approvals. To ensure speedy incorporation, it is advisable to choose a unique name for your LLP and ensure you have all the required documents prior to starting the incorporation process.
Q. What am I need to do in order to quickly incorporate my LLP?
  - To incorporate a LLP quickly, make sure the proposed name of the Limited Liability Partnership is very unique. Names that are similar to an existing private limited company / limited liability partnership / trademark can be rejected and additional time will be required for resubmission of names.
Q. How long is the incorporation of the LLP valid for?
  - Once a Limited Liability Partnership is incorporated, it will be active and will be a corporate body in-existence as long as the annual compliances are met with regularly. LLP can be voluntary closed down as per given procedure under LLP Act, 2008.
Q. What are annual compliances that are to be followed after incorporation of an LLP?
  - Limited Liability Partnership (LLP) under the Limited Liability Partnership Act, are required to file the following Forms with the Registrar every year: Statement of Account & Solvency Form 8 and Annual Return Form 11 In case, annual compliances are not complied with, the LLP will become a Dormant and maybe struck off from the register after a period of time.
Q. What is a Digital Signature Certificate?
  - A Digital Signature establishes your identity electronically while filing documents through the Internet. The Ministry of Corporate Affairs (MCA) mandates that all Designated Partners apply with a Digital Signature for Designated Partner Identification Number. Hence, a Digital Signature is required for all Designated Partner of a proposed LLP.
Q. What is Designated Partner Identification Number (DPIN)?
  - Designated Partner Identification Number is a unique identification number allotted to all existing and proposed Designated Partner of a LLP. It is mandatory requirement for all present or proposed Designated Partner to have a Designated Partner Identification Number. Designated Partner Identification Number do not expire and one person can have only one Designated Partner Identification Number.
Q. Can NRIs / Foreign Nationals be a Designated Partners in a LLP?
  - Yes, a NRI or Foreign National can be a Designated Partner in a Limited Liability Partnership after obtaining Designated Partner Identification Number. However, it is a mandatory requirement to have at least one Designated Partner in the LLP to be a Resident of India.
Q. Can an existing partnership firm or company be converted to LLP?
  - Yes, an existing partnership firm or a company can be converted into LLP. There are many advantages of converting a partnership firm into a LLP; one such advantage is having a completely separate legal identity.

Public Limited Company

Q. How many people are required to incorporate a Public Limited Company?
  - A minimum of seven people are required to incorporate a Public limited company. A Public Limited Company must have a minimum of three Directors and seven shareholders.
Q. What is the capital required to start a Public Limited Company?
  - You can start a Limited Company with any amount of capital. However, fee must be paid to the Government for issuing a minimum of shares worth Rs.5 lakhs [Authorized Capital Fee] during the incorporation of the Company.
Q. Do I need to have authorized capital in my account before starting Public limited company ?
  - No, you need not to show proof of capital invested during the incorporation process.
Q. What are the documents required for incorporation of Public limited company?
  - Proof of Identity and Proof of Residence are mandatory for all the proposed Directors as well as proposed shareholder of a public limited Company if proposed directors and proposed shareholder are not same. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate as well as rent agreement or lease dead for having the registered office in his/her premises and must submit his/her identity proof and address proof. These are just basic documents, detailed list will be provided during initiation of incorporation.
Q. What do I need to quickly incorporate my public limited Company?
  - To incorporate a Company quickly first arrange the requisite documents and secondly make sure the proposed name of the Public Limited Company is very unique. Names that are similar to an existing private limited company / limited liability partnership / trademark can be rejected and additional time will be required for resubmission of names.
Q. How long will it take to incorporate a public limited Company?
  - The time taken for incorporation of public limited company will depend on submission of requisite documents by the client and after getting all the documents physically, it will take a 14-20 days to incorporate a company.
Q. What are the requirements to be a Director of Public limited company?
  - Any person who have attained the age of 18 years or more can become a director and the person must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals or NRI can be Directors in a Indian Company.
Q. What are the statutory compliances required for a Public Limited Company?
  - There are several compliances that a public limited company needs to comply time to time. So a regular professional guidance is recommended. For instance, a limited company must hold a Board Meeting at least once in every 3 months. In addition to the Board Meetings, an Annual General Meeting must be conducted by the Limited Company, atleast once every year
Q. Do I need an office beforehand for starting a Public Limited Company?
  - No, an address in India where the registered office of the Company will be situated is required. The premises can be a commercial / industrial / residential where communication from the MCA will be received.
Q. Do I have to be present in person at office to incorporate a Public Limited Company?
  - No, you will not have to be present at our office or appear at any office for the incorporation of a Limited Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.
Q. What is a Digital Signature Certificate?
  - A Digital Signature certificate establishes the identity of the sender or signee electronically while filing documents through the Internet. To e file any form with ROC, it require the particular form to be signed electronically. Hence, a Digital Signature is required for all Directors of a proposed Company.
Q. What is Director Identification Number (DIN)?
  - Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.
Q. What is authorized capital fee?
  - Authorized capital of a Company is the maximum amount of shares a company can issue to it shareholders. Companies have to pay the Government an authorized capital fee to issue shares in a Company.
Q. Can NRIs / Foreign Nationals be a Director in a Public Limited Company?
  - Yes, a NRI or Foreign National can be a Director in a Public Limited Company after obtaining Director Identification Number. However, atleast one Director on the Board of Directors must be a Resident India.
Q. Can NRIs / Foreigners hold shares of a Public Limited Company?
  - Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Public Limited Company subject to Foreign Direct Investment (FDI) Guidelines.

Trademark

Q. What is trademark ?
  - A trademark is a word logo symbol or any combination of these, is a mark that is associated with the identity of your business which distinguish between your product and services from other businesses. It is a unique identity that gives recognition to your business in market as your own. Example of trademarks: Like BATA we all know that it is associated to a company that produces footwears. Colgate is a trademark associated with toothpaste. A trademark gives you a easy identification to your product and services in market full of competitors.
Q. Why it is important to have a registered trademark ?
  - Here are the few reasons why everyone who is thinking of starting their own company shall have a trademark.
It distinguishes you with others.
Trademark develops as your brand.
It markets your goods/services.
It makes easy for your customers to identify you.
A registered trademark gives you a legal right where you can protect your goodwill from free-riding.
A trademark is not just a mark it is a valuable asset.
Example the sign Apple is a brand having its value more than 100 billion.
Q. What are the basic requirements to get a trademark?
  - It must be in use or proposed to be use. It must be distinctive with the other marks.
Q. How company360 help your company in trademark domain?
  - We give you proper free search report about the availability of your trademark or brand name. We get your trademark registered in just 2 days. We not just get your trademark registered we also facilitate the process till your trademark is granted to you.
Q. What is the process of Trademark registration in India?
  - The process of Filing of trademark till the trademark registration is finally granted takes about 1-2 years. And we at company360.in do not leave you mid way we ensure that your mark is granted. We provide our users the facility to complete the examination process of the trademark by providing the user with a detailed reply against the examination report so issued. At flat price of Rs 6000/-
refer the flowchart here
Q. What documents or information I need to give for trademark registration ?
  - Brand Name, Business or Product description, Address Details, Proprietor Name and Proprietor Address
Q. What is Power of Attorney in trademark registration ?
  - It is a legal document that legally authorizes your lawyer to file and take action in respect to your trademark registration and following process.
Q. Do I need to come and sign the power of attorney ?
  - No, We will send you the Power of attorney, you just have to sign it and send it back to us.
Q. How will I know that my trademark application is filed ?
  - We will give you an acknowledgment receipt immediately after filing of your trademark application and after few days we will give you a trademark receipt with trademark application number.
Q. How can I check the status of my trademark application ?
  - You can check your trademark application status online by entering your trademark application number here https://ipindiaonline.gov.in/eregister/eregister.aspx
Q. How company360 will help me to file examination report reply ?
  - Company360 have team of expert lawyers that will efficiently deal with every objection stated and ensure your trademark get registered fast.
Q. How will I know my trademark name or brand name is available ?
  - First you have to specify your brand name and select the class(hyperlink) according to your goods/services/product. Then you may check its availability here. http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Q. Is there any deadline for replying the examination report ?
  - Yes, a trademark examination report must be replied within 1 month from the date of issuance of examination report.
Q. My trademark application status is showing examination report issued? What do I need to do know ?
  - This means trademark examiner has now stated his/her objections regarding your trademark name in the examination report. You have to either negate the objections stated or remove the objections stated in the examination report issued.
Q. My trademark application status is showing Send to Vienna codification? What is Vienna codification ?
  - In case your trademark contains any type of shape, form etc. it is send to Vienna codification, that allots a reference number based on your shape used in trademark for example.
Q. My trademark status is showing Marked for examination in status bar. What does it mean ?
  - It means that your trademark application will be now examined by examiner at trademark registry, who will state his/her observation in the examination report
Q. What information do I need to give for filing of examination report reply ?
  - You need to just give us your trademark application number and power of attorney.
Q. What is trademark examination report ?
  - The trademark examination report basically a report wherein examiner states the reason why your trademark shall not be registered. You have state your reasons against those remarks why your trademark must be registered.
Q. A person is using my registered trademark, what can I do to stop him ?
  - In case you have a registered trademark you may sue him for infringement of your trademark and can claim damages. In case you do not have your trademark registered you may sue him for passing off.
Q. Can a registered trademark be transferred ?
  - Yes, you may transfer your trademark by executing a assignment deed.
Q. Can I file my signature as trademark ?
  - Yes, you may file your signature as trademark.
Q. Can I file my surname as trademark ?
  - Yes you may use your name or surname as trademark for example many lawfirms have their surname registered as trademark.
Q. Can I file trademark outside India ?
  - Yes you may always file a registered trademark outside India.
Q. Can I get my tag line registered as trademark ?
  - Yes you may trademark your tagline.
Q. Can I register a trademark on the name of my company ?
  - Yes, you may definitely file a trademark on company’s name.
Q. Can I register my domain name or website as trademark ?
  - Yes you can register your domain or website name as trademark.
Q. Can I register my logo and brand name in same trademark application ?
  - No, you have file separate applications in order to protect your logo and brand name.
Q. Can I use my trademark without filing for trademark registration ?
  - Yes, you may use your trademark without trademark registration. But a registered trademark is always beneficial
Q. Do I my trademark registration will be valid all over India ?
  - Yes, only if there is no restriction have been stated on your application by the examiner.
Q. How can company360 help in my trademark renewal ?
  - You just need to tell us your trademark application number, we will file your renewal application within a day.
Q. How much time will it take to correct any mistake in trademark application ?
  - Once your application for correction is accepted without any objection from examiner, it may be changed within a week.
Q. How much time will it take to get my trademark registered ?
  - From trademark application filing till the issuance of registration certification, it takes at least 7 to 2years.
Q. How will company360 help in my trademark registration ?
  - Comapny360 will file your trademark application within a day and will keep a track of your application till examination report is issued.
Q. I am already using my trademark since 2000, can I file for trademark registration now ?
  - Yes you may file your trademark anytime when you want and you may also claim your trademark usage since year 2000.
Q. I am using my brand name for various business will I need to file only 1 trademark application ?
  - No, you have to file different applications for different areas of your business in order to secure your brand name in every area of your business or product. This depends on the classification given by trademark office. Each product/service/goods/business is specifically listed in 45 classes.
Q. I made a mistake in trademark application can I change it ?
  - Yes, you may change any clerical error in your trademark application by filing form TM-16.
Q. I registered my trademark on my name but now I want to transfer it to my company ?
  - Yes you may transfer your trademark to a company by executing a assignment deed.
Q. My trademark is already registered, but now I noticed that my address is wrong, can I change it after registration ?
  - Your address can be corrected, you just need to file an application for correction i.e TM-M
Q. We are two partners in a firm, can we file for trademark on both the partner’s Name ?
  - Yes, you just have to specify their details in the trademark application. I am manufacturing a babies cloth by name of crayonflakes, my neighbor is selling pencils by the same name, will I get a trademark for crayonflakes? Yes, there is no restriction you can very well use this name as your business/product is unrelated to your neighbour’s business. The trademark with same can be registered in case it is not conflicting with any pre existing mark in same class or any well known mark. I am thinking to use nanhemunne kapde name for my business of baby cloths manufacturing? Is it a good trademark name. No, its is not advisable to use this as your brand name as this brand name is completely describing your business activities. Hence it may be objected as descriptive trademark which are not allowed under Indian trademark act
Q. What all I can protect with trademark registration ?
  - Name, numerals, word, smell, letter, logos, taglines, signature, shape of goods, slogan, color of goods, color combination all of these can be protected by trademark registration in india.
Q. What are the various types of trademark ?
  - Service marks, Collective marks, Certification marks and Well known marks
Q. What is Madrid protocol ?
  - It is an international treaty to file a trademark internationally in various countries by a single application.
Q. What is the exact trademark registration process ?
  - The first step is trademark application filing. Second step is issuance of examination report. Third step is submission examination reply (within one month) Fourth step is hearing, in case the examiner is not satisfied with submission examination reply, he may call for hearing. Last step is issuance of trademark registration certificate( in case all the above stated steps are completed, without the refusal of examiner at any stage)
Q. What is the meaning of brand value or good will of trademark ?
  - It is basically the net worth or value of your trademark for example, Apple is a brand name worth more than billions.
Q. What is the meaning of r in over a trademark ?
  - This is only used for a registered trademark.
Q. What is the meaning of trademark classes ?
  - These are the categories made to separate different types of good, services, products associated with various business and trades. You may refer the description of various Trademarksss classes here
Q. When can I use r mark ?
  - No, without registration you cannot use r mark. It is punishable offence under Indian trademark act.
Q. Why should I hire company360 for my trademark registration ?
  - Company360 gives a free detailed search report regarding your brand name including advisory opinion on the given name. It provides you hassle free online trademark registration in India. It keeps your trademark application status track till the issuance of examination report.

Design

Q. What is design?
  - Design’ refers to features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, obtained by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
Q. Where the design protection is actually needed?
  - A market loaded with similar products, it’s difficult to stand distinguished. A unique designs will stand out from the crowd and gets easily noticed. Company360 team guides you through the process of protecting your design rights by assisting you in determining what can — and what can’t — be protected, either through registered or unregistered rights. Where registration is appropriate we take care of the actual filing process, making sure it is done correctly, efficiently and swiftly, so that you become a proud owner of your unique identifier and now even capable to assert your design rights whenever and wherever need arise.
Q. What are the basic requirements of design registration?
  - The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
Q. How long does it last?
  - A design registration will initially last for 10 years from the filing date of the application and may be extended to further for a second period of 5 years. Thus the maximum period of registered design is 15 years.
Q. What are the advantages of a design registration?
  - Designs registration is not an alternative to patents but it is a complementary protection. Design registration is cheaper to obtain than patent protection and the application procedure is far shorter. If the expected life-time of a product is short, and the product is simple to produce, the design registration may be more useful than patent protection. In case of registered design action can be taken against an infringer and, unlike with copyright, actual copying of the protected design is not required to be proved. Design registration is good for jewelers crockery, utility items etc.
Q. What are the disadvantages of a design registration?
  - Design protection does not protect a method of operation. It only protects features which are apparent and observable in the normal use of the article. A design registration does not prevent others from producing a product having the same or similar functions to a product embodying the design but it prevents others from applying the same design features to products.

Copyright

Q. What is copyright?
  - It is a legal protection given to various forms of expression of ideas.
Q. What can be protected under copyright?
  - Any Literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
Q. Why it is beneficial to have copyright registered?
  - You can institute a case of infringement suit in case someone violates your copyright. A certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
Q. How to get your copyright registration done?
  - Send us the details of your work to be protected, we will get it done.
Q. How much time does it takes to obtain copy right registration certificate in India?
  - It takes minimum 6 months to 1 year for whole registration process to complete.

More on Company Registration

Q. What is Unsecured Loan ?
  - Unsecured loan is that kind of loan against which no property is mortgaged.
Q. Who is a Director ?
  - Director is a person who is appointed by shareholder to carry and handle day to day operations of the company.
Q. Who is shareholder ?
  - Shareholder is a person who holds certain percentage of share capital in a company incorporated in India.
Q. Is there any limit on Turnover or Capital in One Person Company ?
  - Yes as per Companies Act, 2013 One Person Company can have following limit: Maximum Share capital allowed is Rs. 50 Lakh. Average Turnover of during relevant period allowed is Rs. 2 crores. If the above limit is crossed then it obligation on OPC for mandatory conversion to Private limited within 6 month of exceeding the limit.
Q. Who is relative as per Companies Act, 2013 ?
  - List of Relatives [Sec.2(77)]:- Father {includes step-father}, Mother {includes step-mother}, Son {includes step-son}, Son’s wife, Daughter, Daughter’s husband, Brother {includes step-brother}, and Sister {includes step-sister}
Q. Is there any declaration required in company incorporation in India ?
  - Yes, there are two Affidavits that required to be given by Directors/ shareholders during the company incorporation in the prescribed format naming INC-9 and INC-10.
Q. What is MOA and AOA ?
  - MOA:
Memorandum of Association (MOA) is a document that contains all the fundamental information which is required for the incorporation of the company. It Contains the Powers and objects of the company. It usually covers the 5 clause of the Company (i) Name Clause (ii) Situation Clause (iii) Object Clause (iv) Liability clause (v) Capital Clause.
AOA:
The article of association of a company shall contain the regulations for management of the company. The articles shall also contain such matters, as may be prescribed. The Article of Association (AOA) contains all the necessary rules and regulation as may be prescribed by Companies Act, 2013 which is binding on company to be followed as and when needed.
Q. What is ROC ?
  - Registrars of Companies (ROC) appointed under the Companies Act covering the various States and Union Territories are vested with the primary duty of registering companies and LLPs floated in the respective states and the Union Territories and ensuring that such companies and LLPs comply with statutory requirements under the Act. These offices function as registry of records, relating to the companies registered with them, which are available for inspection by members of public on payment of the prescribed fee. The Central Government exercises administrative control over these offices through the respective Regional Directors.
Q. What is Special Resolution ?
  - The intention to propose the resolution as a Special Resolution has been duly specified in the notice calling the General Meeting or other intimation given to members of the resolution. There is also a concept of a unanimous resolution implying approval of all the members present and voting, without a single vote cast against it.
Q. Who is body Corporate ?
  - “body corporate” or “corporation” includes a company incorporated outside India. But does not include – A Sole Corporation A Co-operative society registered under any law relating to Co-operative Society Any other body corporate (not being a company as defined in this act), which the Central Govt. may, by a notification in the official Gazette, specify in this behalf.
Q. Who is resident ?
  - The residential status of an individual is to be determined on the basis of the tax paid in India for a period of 182 DAYS or more in that financial year, or 60 DAYS or more during that financial year and has been in India for 365 DAYS or more during four previous years immediately preceding the relevant financial year.
Q. What is IPO ?
  - An initial public offering, or IPO, is the first sale of stock made by a company to the public. As name itself says this is the first/initial public offer to public for buying the equity in the company.
Q. What is PAN ?
  - PAN is Permanent Account Number. It is basically your identity number under Income Tax department.
Q. What is partner’s capital ?
  - The partnership capital account is an equity account in the accounting records of a partnership. It contains the following types of transactions: Initial and subsequent contributions by partners to the partnership, in the form of either cash or the market value of other types of assets Profits and losses earned by the business, and allocated to the partners based on the provisions of the partnership agreement Distributions to the partners
Q. What is Provisional Certificate ?
  - Provisional Certificate is instantly issued after the registering yourself under DVAT. This is used under all requirements till you get final Registration Certificate.
Q. What is Share Capital ?
  - Share capital consists of funds raised by issuing shares in return for cash or other considerations. The amount of share capital a company has can be changed over the time because each time a business sells new shares to the public in exchange for cash, the amount of share capital increases.
Q. What is TIN ?
  - TIN is Tax Identification Number is previously also known as sale tax number. It is basically your registration number under VAT.
Q. Who is Inspector ?
  - Inspector is person who is separately appointed under each ward whose duty is to make visit to registered place of business to check the credibility and existence of business entity and verify all the documents submitted during TIN registration. After his satisfaction, he submits his report to VATO for approval of TIN.