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Is the process of registering a One Person Company completely online in India?

Submitted by LegalWizin on Thu, 06/03/2021 - 01:14

Yes, the Ministry of Corporate Affairs has made all the process online. Hence the registration of every type of company with MCA is online now. The process will include the following steps.

  • DSC application
  • Name application
  • Drafting of MOA, AOA and other documents
  • Filing of incorporation form (SPICE)

For the complete registration process read Registration as OPC simplified

How much tax would be payable as the partner in a partnership firm with 5 more people if I earn 10 crores as a facilitator (service) in India?

Submitted by LegalWizin on Thu, 06/03/2021 - 01:09

In a partnership firm, the tax is chargeable at the rate of 30% on the profits after all the deductions. Further, the profit transferred to the partners account is exempted from the tax. It is because the profit is distributed after charging tax on the profit. Hence the burden of paying tax is on the partnership firm and not on the partners.

Can I trademark another companies saying or phrase even though they have not?

Submitted by LegalWizin on Sat, 05/29/2021 - 02:10

The trademark must be distinct and unique. If other company is already using such phrase then one must not trademark the same. They gain the goodwill from such phrase. Hence, they have market value for it. Due to which the other company can sue for the passing off the trademark even if they have register the trademark. So one should not use the trademark of any other person whether it is registered or unregistered.

Do copyrights expire?

Submitted by LegalWizin on Sat, 05/29/2021 - 02:09

The copyright has different validity for different work. But mainly it is valid for a period of 60 years.

For literary, dramatic, musical or artistic works - 60 years from the year following the death of the author/creator

For cinematographic films, sound recordings and photographs- 60 years from the date of publication

For broadcasting - 25 years from the beginning of the calendar year following the year in which it was first broadcasted

Why would a sole trader change to a partnership?

Submitted by LegalWizin on Sat, 05/29/2021 - 02:07

A sole proprietorship firm has narrow scope as compared to the partnership firm. So, one can choose to shift from proprietorship firm to a partnership firm to avail following benefits.

  • Easy formation
  • Less post compliance
  • No Audit requirement
  • Flexibility
  • Risk sharing
  • Availability of finance

Hence, due to all such advantages the partnership firm is better than a proprietorship firm.

Can algorithms be trademarked?

Submitted by LegalWizin on Fri, 05/21/2021 - 05:34

No algorithms cannot be trademarked. You can trademark( link : https://www.legalwiz.in/trademark-registration) the name you give to the algorithm but you cannot trademark the algorithm per say. However it can be patented if they have been converted into methods or a system or put into something. As according to patent law a mere idea cannot be patented. If you want to protect a software related algorithm you can copyright the programme which contains the algorithm and secure it. But it cannot be protected separately.

How many owners are in a partnership business?

Submitted by LegalWizin on Fri, 05/21/2021 - 05:20

In any partnership firm there must be minimum 2 partners and maximum of 50 partners. If there are more partners then one can form a Limited Liability Partnership or a Private Limited Company. In an LLP there can be unlimited partners but in a private limited company there can be 200 members.

Know the right form of structure and register it with LegalWiz.in an online legal service platform.

Is the best way to protect a 1-paragraph description or story behind a product to file for a trademark or copyright?

Submitted by LegalWizin on Fri, 05/21/2021 - 05:01

If it is an original description of the product , it gets secured as a copyright when one put it in a tangible form. Here you cannot get it registered as a trademark , you will have to file for a copyright registration , so that it acts as a legal proof of your ownership.

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