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What is a sole proprietorship business?

Submitted by LegalWizin on Wed, 11/13/2019 - 10:32

In the Proprietorship Firm business, an individual (referred to as the Proprietor), himself is the sole owner of the whole business. The proprietor carries the burden and responsibility of the business and its operations.

Sole Proprietorship Firm is a popular business structure in India because of its ease of setup, administration and involvement of nominal cost. It is the simplest form to run the business in India. There is no separate legal existence from the proprietor.

Is it mandatory that both the partners in a partnership firm has to invest?

Submitted by LegalWizin on Wed, 11/13/2019 - 10:18

Investment is something about the mutual consent and provided in the partnership deed. The Partners have to decide whether the investment is to be brought by each partner or not and if it is brought in, in which manner - cash or kind. Here, “kind” means any tangible or intangible asset, knowledge, or time invested by the partner. Sometimes, there are also partners who are included just for profit.

What are the two advantages of a private limited company over a partnership?

Submitted by LegalWizin on Wed, 11/13/2019 - 10:11

Partnership and Private Limited Company, both are distinct organisation in terms of its formation as well the management. Choosing a right business structure is vital for directed growth of any business and this decision would depend on number of criteria. To answer the question, here are the two advantages of a Private Limited Company over a Partnership Firm:

What is Section 17 in the Trademark Act, 1999 about? Are there any provisions and rules under the Trademark Act for a disclaimer?

Submitted by LegalWizin on Wed, 11/13/2019 - 10:07

Section 17 of the Trade Marks Act, 1999 talks about composite marks and how a proprietor can claim exclusive rights over the whole mark and not just some parts.

A "composite" mark may consist of a word or words combined with a design or designs; it may consist solely of words, when there are separable word elements; or it may consist solely of separable design elements. We see this mainly in brands that include logo and brand together, for example coco-cola, levis etc.

What are the risks of using a trademarked brand name in a domain name?

Submitted by LegalWizin on Sat, 11/09/2019 - 10:47

Trademark is an identity created to recognize and distinguish one goods and services from another. Trademark registration allows the applicant to have exclusive ownership rights and it restricts all others from its unauthorized usage and allows the owner of registered trademark to sue or claim damages for any infringement.

Risks for using a trademarked brand name in a domain name are as follows:

Is GST registration necessary for a new business?

Submitted by LegalWizin on Sat, 11/09/2019 - 10:32

Normally abbreviated as ST, Service Tax in India is now Goods and Service Tax (GST). GST Registration is applicable to many entities based on the criteria of turnover or nature of business.

To know if GST would be applicable for your business, get in touch with expert at LegalWiz.in today or visit us at https://www.legalwiz.in/gst-registration-india

Below mentioned are general criteria for mandatory registration:

What are the steps in forming a private company?

Submitted by LegalWizin on Sat, 11/09/2019 - 10:27

For registration of a Private Company in India, four simple steps are followed. The incorporation process being centralised, it will remain same across India. The steps in forming a Private Company can be enlisted as below:

Step 1: Procure Digital Signature Certificate

DSC of the directors and shareholders must be procured for e-filing of applications.

Step 2: Reservation of name under RUN

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