Category: Company registration

As we are in the midst of the COVID-19 epidemic that refuses to go away, we have to find a way to ensure that our business’s doesn’t get erased from the memories from our customers. The way to do that is branding. However, remote work has created a lot of issues in this regard and we can’t to as much as it can be done to protect our company’s brand.

Therefore, we have to turn to a more technically “legal” aid called brand registration or trademark registration. Trademark registration in India is a way to protect the identity of your brand and preventing others from using it without your consent. It puts your business on the frontline and ensures that your customers remember whose product they are using.

Thus, through this article, we are going to teach you 3 ways to protect your company’s brand. Be sure to take all of what is written here in, because in this time of pandemic, remembering your name is everything.

The first way: See what’s out there

Trademark registration is a long and challenging process. It’s because it’s not only upto the government department to grant you trademark registration – the general public plays the role as well. Therefore, before taking up that challenging endeavour, search and analyse the trademarks that are already registered.

To do that, you have to conduct a trademark search. It’s a simple process where you insert your trademark name inside the trademark search portal to see if any result similar to that comes up. If it does, you will have to strategize and think of some other trademark. If it doesn’t, you are “almost” ready to move forward with trademark registration in India online.

Seeing what’s out there prior to following the steps of trademark registration is an important step. If you someone file and get the trademark you wanted – which is less likely – someone can file a case against you if your trademark is even remotely similar to the one already registered. Therefore, analyze, and be ready.

Now, remember that trademark search is a process that might appear to be easy, but it’s also easy to make easy while conducting it. Therefore, you must only put your trust in your neighborhood trademark agent to conduct the search efficiently.

The second way: Starting the process of trademark registration

Once you have fully analyzed, reanalyzed and re-re-analyzed the trademarks that are currently available in the market, you are ready to start the process of trademark registration in India. The process can be listed in the following steps:

1. Deciding the trademark: After careful consideration of what’s present, you have to design the trademark logo and/or decide the trademark name that’s:
   1. Unique
   2. Not deceptively similar to the ones already present
   3. Not trying to infringe on present trademarks.
2. File the application of trademark registration: Once you have decided the brand through which you want to present your company, you can move forward with filing the application of trademark registration. The trademark registration India is online. So don’t worry about having to leave your home.
3. Before submitting the application: before you submit the application, you will be asked to verify the details you’ve filled. Verify and re-verify those details. No stone should be unturned and no detail should be missed or filled incorrectly.
4. Finally, submit the application
5. Keep an eye on the application status: Once you submit the application, you will be given a trademark registration application number. It’s your key to check upon the status of your trademark application. If at any moment there’s a status that might indicate that your application can be rejected, you can take pre-emptive measures to make corrections.

Once the application is accepted, it is published in the trademark journal. It’s at this point that the government becomes a spectator to the trademark registration application, just like you. It’s the people that decide your fate. If during the 4 months of trademark publishing, your application doesn’t get the ire of anyone; your trademark will be registered in India. If not, then it will be start of a long and drawn out legal battle that we better not discuss in this blog.

The final way: After trademark registration

Trademark registration is not the final step that protects your brand. All it does is gives you the power to enforce your trademark rights. The final way of brand protection is for you to be alert enough to be able to enforce these rights on time.

New trademark applications are filed nearly every day. And for better or for worse, you have to look at all of them if you want your brand to remain protected. You have two ways to deal with this issue:

1. Set up a Google alert: You can set up a Google alert that informs you of any new trademark applications that you would then have to go through to check if you’re being infringed.
2. Or, you can hire a third party to do this job: This party will be responsible for keeping a watchful eye on the trademark on your behalf. Working on your retainer, they will ensure that no trademark similar to your own makes through registration.

As there are many trademark applications filed on a daily basis, you are bound to encounter one or two that matches your trademark. Therefore, it will behove you to be ready and take legal action at that time. However, don’t overdo it, for it’s not uncommon for many individuals to decide the same trademark while believing that it’s unique. Thus, first, you must hold dialogue with that individual. If the matter fixes without going to the court, take that chance. If it doesn’t, you can move forward with taking any legal action that you see fit.

Conclusion

Protecting our brand is important during this time of being forced to work from home. You have to take all the optimal legal steps to make sure your company’s trademark is always protected and always on the mind of your customers.

A private limited company is the business entity of choice for most businesses in India, and for a good reason. Not only, it does separate the business from the businessmen, it also provides a good structure to the trade – prepping it to become successful. India is a socialist country, providing several benefits to those who want to do commerce. Thus, the privileges of a private limited company in India are beyond standard benefits, for they provide a good vehicle to companies to not only create a successful business, but a country social contributor as well.

Special Powers that are Given to a Private Limited Company

When we talk about privileges of a Private limited company, we think about the separation of the trade and the trader, the limited liability and such, what we don’t talk about are the special privileges. Such special powers empower a company to stand tall among the old businesses while retaining their original identity:

1. Pay Zero government cost for registration: Starting a company can be a daunting thing to think about. The costs surrounding it were so large once upon a time that the word “entrepreneur” was an unknown. Not anymore. Nowadays, if you don’t have a capital to invest in your business at the moment, nothing can stop you from starting a private limited company. Moreover, the government cost of starting such a company is NIL. Yes, you only need to be a small professional fee to get your company going.
2. Start business as soon as you incorporate a private limited company: One of the greatest powers that the government gives to a private limited company is to start business immediately. If you’ve some capital invested in your company, you don’t need to wait after incorporation to do business, you can start earning right away.
3. Relax from the need to publish a prospectus: A private limited company is called “private” because no one, other than the members, and the Ministry of Corporate Affairs knows about its internal financial conditions. Therefore, a private limited company doesn’t need to publish a yearly prospectus, informing the general public about its financial affairs. For a budding entrepreneur, it’s almost natural to stumble at the start. Being able to self-assess their business, such entrepreneur can make changes on his/her own terms, without the judgemental eyes of the public.
4. Pay less to get IP registration services: As a private limited company, you don’t have to pay the applicable amount to get your patent or trademark registered. If you have startup registration certificate, the cost of such IP registration services is reduced by half.
5. File the application of private limited company registration online: Perhaps the greatest privilege of a private limited company is your ability to register it online. Private limited company registration online India is a method that allows you to easily register your company with a click of a few buttons.

Conclusion

Being able to establish your own business is a privilege, but having such a business registered as a private limited company is a bigger privilege. In this article, you’ve seen how a private limited company is able to swiftly start its business without any interruption while enjoying low cost IP Registration services, zero cost company registration services, and a confidential prospectus. Such a company can do wonders for a growing entrepreneur.

Get the privilege to do business freely by registering a company with the help of Regalguru.

Businesses are an enigma. At times, they can take you to the greatest heights. But sometimes, their performance becomes less than lacklustre. So much in fact that letting go and closing your business is the only option you have left. An LLP, which combines the personal touch of a partnership firm with the limited liability of a company, should always give you a win. However, certain circumstances make it necessary to shut the LLP down. While you can take measures to protect it, a bad business is like a festering wound. If you don’t cut it off, it can infect your entire financial credit.

Thus, we are here to tell you not about how to lift your LLP up from the financial hell, but to surgically remove it. Here, we tell you about LLP closure procedure.

Close your LLP in India

It’s a common knowledge and more startup LLPs are growing in India like weed. While a few of them become useful grass, some of them need to be weeded out. It sounds harsh, but if your LLP is one of them, you should close your LLP in India, so that you later focus on creating a green grass. The process is as follows:

1. Pass the resolution to close the LLP: 75% percent of the partners at your LLP must agree to close the LLP. Once you get them to agree, pass the resolution.
2. File form 1: File the resolution in Form 1 within 30 days of passing the resolution.
3. Declare that your LLP doesn’t owe any debt: Closing an LLP is not possible if you have some debts accrued. Thus, you must first clear your debts in any way possible. It has to be done within a year of filing the resolution. Once that’s finished, declare that you don’t owe debts.
4.  File the value of your assets and Form 4: Declare the value of your assets to the registrar to close the LLP. Along with the declaration, file and submit Form 4 to declare that you aren’t closing your LLP for fraudulent purposes.
5. Get the consent of the creditors: You can’t close your LLP without getting a nod from your unpaid creditors. If you get 66% of these creditors to give you the consent, you are once stop closure to closing your LLP.
6. Appoint a Liquidator: Within 14 days of receiving the creditor’s consent, advertise that you are closing your company. Then, appoint a liquidator and get his/her statement on Form 6.
7.  Finalize your account details: It’s the last step to close your LLP. File Form 9 detailing your account details. Once filed, it will complete the formality (the LLP Closure documents submission) part of the process. The rest is up to the government agencies that aren’t going to take more than 1 week to shut down your LLP.

As you can observe, most steps above involve documentation and interacting with the government agencies. Only the experts can do that. To completely leave your business partnership behind, contact our business specialists. Charging a low LLP closure fees, they initiate and end the process in record time.

A One Person Company (OPC) and a Private Limited are different business entities that are governed under the Companies Act 2013. A One Person Company is to cater to excited entrepreneurs who want to make a name for yourself on their own in the business world. On the other hand, if you want to establish yourself along side a partner, you can choose a private limited company.

So, what’s your preference? Do you want to start your business as a One Person Company or a Private Limited Company more your cup of tea? This article is going to help you make a choice be revealing to you the difference between one person company and a private limited company.

Let’s discuss the definition of each of them

To make a choice between OPC vs Pvt ltd Company, it’s always better to start by knowing their definition.

Let’s talk OPC or One Person Company

In a one-person company, there is only one person as the member. And, there is only one shareholder and one director. Simply put, only a single individual can play all those roles.

Thus, if you’re someone who is enthusiastic enough to take all the tasks on your shoulders, no one is going to stop you from choosing one person company.

Let’s talk Private Limited company

A private limited company can only be started or incorporated if there are at least 2 directors, 2 members and 2 shareholders of the company. Remember, two individuals can play all these roles. Thus, a private limited company needs two heads. Additionally, the liability of these members is limited to the amount of money they have invested in their shares.

How is an OPC similar to a one-person company?

Let’s now talk about the similarities between an OPC and a Pvt Ltd Company

1. They both are separate legal entities. Their identities are different from their directors
2. They both can earn tax benefits
3. They both have the perk of limited liability.
4. The registration process to incorporate an OPC and a Private Limited Company is practically the same.

So, if everything is the same, can a private limited company be owned by one person? Absolutely not; as we have said, you need at least two people to direct a Private limited company. However, if you want to convert your one-person company into a private limited company, you can do so. But the condition is you’d have to add another member.

Also read about: Procedure for close LLP

Differences between private limited company and a one-person company

Let’s now talk about the differences between the two in a clear manner:

1. Members required:
   • OPC: One individual can run the whole show
   • Private limited company: At least two people are required
2. Directors required:
   • OPC: Minimum 1 and maximum 15 directors can be involved
   • Private limited company: Minimum 2 and maximum 15 directors can be involved
3. Board meeting
   • OPC: A One-person company has to conduct one meeting after every six months.
   • Private limited company: A private limited company is required to hold one meeting after every four months
4. Foreign Direct Investment:
   • OPC: A One Person Company is not eligible for foreign direct investment
   • Private limited company: This business entity is eligible for FDI
5. Which one is suited to whom?
   • One Person company: Choose if your capital requirement is less than 50 lakh and annual turnover is less than INR 2 Crore
   • Private limited company: Anyone can choose a private limited company

Now that you know the difference between the two, which one would you choose?

Also read about annual compliance for private limited company

So, you’re finally ready to take a plunge into the business waters and start a company in Delhi. Good for you! Are you aware of why you’re looking for company registration in Delhi? Of how it can benefit your business and turn you from a dreamer to an entrepreneur? Or you are just here to take a look at the steps involved with the process of company incorporation? Whatever your reasons are, this article is going to provide you with answers for all.

What is the Company?

A Company, or in your case, a Private Limited Company is the most popular business entity in India. It has the following features:

1. A company is registered under Companies Act 1956.
2. A company has its own independent identity.
3. The director(s) and shareholders are separate from the company.
4. A company’s complete loss doesn’t mean a complete loss for its director(s) and shareholders.
5. You can start a private limited company with ZERO capital.

Due to the above four, you can move beyond dreaming about doing business and you can become a true entrepreneur. So, if your question is why you’re looking for online company registration in Delhi, those five are the answers.

For a starting entrepreneur, they provide a safe way to start a real business. For a veteran businessman, they provide a good infrastructure to organize the business.

Benefits of Starting a Company

As an entrepreneur, you shouldn’t leave things to chance. You should hit the ground running and organize your business in a way that can last forever; a company can last forever. It’s among the many benefits of private limited company registration. Others are as follows:

1. Ownership of property: Being an independent legal entity, a company can own property in its name.
2. Separate entity: When you register a company, you give birth to a new entity. The certificate of incorporation becomes its birth certificate, and the directors and shareholders become its parents (a controlling one). Being a separate entity gives it several powers that range from applying for loans to applying for business licenses.
3. Limited Liability: The directors and shareholders are only liable to the losses of their company to the extent of their share subscriptions. It means that if a company goes under, you and your shareholders won’t have any impact on your personal assets.
4. Perpetual succession: As I’ve already told you, a company can last forever. Perpetual succession is how it achieves that feat. It means that once a director dies or isn’t able to act as a director anymore, shares can be transferred to someone else to act as a director.
5. Easy to get funds: Once you register a company, banks and venture capitalists starts gravitating towards your business. As a legal entity, you establish yourself as a force to be reckoned with; a force that venture capitalists are always excited to get behind and banks can easily lend loans to.

How to Register a Company Delhi?

As per the company registration services in Delhi, you don’t have to do much to start a company in the national capital. There are just 7 steps involved and the following are them:

1. Choose a good company Name: A good company name is important. It should inoffensive, and most importantly, unique.
2. Gather the required documents: The following are the required documents to register a company in Delhi:
   1. Aadhar card copy of directors and shareholders
   2. ID proof of shareholders and directors
   3. Resident proof of the shareholders and directors
   4. PAN card of the shareholders and directors.
   5. Address proof of the company office
3. Get DSC and DIN: Get the Digital Signature Certificate to authenticate the above documents online and also get Director Identification Number.
4. File the RUN application: A RUN application will reserve the unique name of your company. While it’s an optional step, you should take it nonetheless (leave nothing to chance)
5. Draft MOA and AOA: Memorandum of Association is a document that details the information about the directors, the company and its objectives. An article of Association is a policy documents highlighting the rules and regulations to be followed.
6. File the “SPICe” application: SPICe is an electronic application for company registration that’s filed via the MCA portal. Consult with business experts to file that application online.
7. Get the certificate of incorporation: If you’ve taken the previous steps correctly, you’d receive certificate of incorporation.

Now, it might be that the above steps feel a bit difficult for a person to follow, and they are. That’s why; we have business experts who can help you. They charge a minimal company registration fees in Delhi and will establish your company in no time.

Other Options that You Have

Starting your entrepreneurial journey with the right foot it all it takes to succeed in the business world. And by registering a company, you can take this step. That said, if you’re looking for more nuanced business entity, like LLP registration in India, you can opt for it as well.

Also read about

private limited company registration in Delhi