Govt. compliance & Registration
- Trade Mark Registration (Company Name/ Brand Name)
- Copy Right Reg.
- Company Registration (PVT. LTD, LTD, LLP, OPC, DIN, PAN, Partnership Company, Certificate of Incorporation)
- MSME Registration.
- NSIC Registration.
- Company Formation
- FSSAI
- APEDA
- Import & Export Code.
Trademark
Trademark security is accessible for specific names, images, gadgets, or words that will be utilized as a part of association with a decent or administration. In fact, if a specific check is related with an administration, it is known as an “administration stamp,” however trademark is ordinarily used to allude to the two imprints related with administrations and merchandise. The reason behind trademarks is to enable organizations and people to demonstrate the wellspring of their products or benefits and to recognize them from others in the business.
Benefits of Trademark Registration
Trademark registration benefit both businesses and consumers. Trademarks allow businesses to build an identity and reputation with customers and grow or expand business. Brand Registration allow consumers to take an informed buying decision by searching out familiar brand names and avoid bad buying experiences by avoiding the brands they didn’t like.
- Confers upon the owner the exclusive right to use the brand.
- Protects hard earned goodwill in the business.
- Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your long built goodwill.
- Gives your products a status of “Branded Goods”.
- To obtain legal relief in respect of infringement (misuse by others) of the trade mark.
- Power to assign (transfer) the trade mark to others for consideration.
Fact of Copyright
Copyright refers to the legal right of the owner of intellectual property. In simpler terms, copyright is the right to copy. This means that the original creator of a product and anyone he gives authorization to are the only ones with the exclusive right to reproduce the work. Copyright law gives creators of original material, the exclusive right to further develop them for a given amount of time, at which point the copyrighted item becomes public domain.
The person who created the work owns the copyright. “The term of the copyright depends on three factors: who created the work, when the work was created, and when it was first distributed commercially. For every copyrightable works created on and after January 1, 1978, the copyright term for those individuals is the life of the author plus 50 years.
Benefits of Copyright
A copyright owner has five rights to his or her copyrighted work:
- Reproduction Right—The reproduction right is the right to copy, duplicate, transcribe, or imitate the work in fixed form.
- Modification Right—The modification right (also known as the derivative works right) is the right to modify the work to create a new work. A new work that is based on preexisting work is known as a “derivative work.”
- Distribution Right—The distribution right is the right to distribute copies of the work to the public by sale, rental, lease, or lending.
- Public Performance Right—The public performance right is the right to recite, play, dance, act, or show the work at public place or to transmit it to the public. In the case of a motion picture or other audiovisual work, showing the work’s images out of sequence is considered “performance.” Sound recordings—recorded versions of music or other sounds—do not have a public performance right.
- Public Display Right—The public display right is the right to show a copy of the work directly or by means of film, slide, or television image at a public place or to transmit it to the public. In the case of a motion picture or other audiovisual work, showing the work’s images out of sequence is considered “display.”
Company Registration
Private limited company registration with DSC, DIN, name approval, incorporation fee, PAN, TAN, share certificates and company kit. Inclusive of government fee and service tax.
Benefits and Advantages of Private Limited Company for Startup
The benefits of a company arises from the features it is comprised of –
Limited Liability: The Company exists as a separate legal entity as from its members. The liability of the company is different as from its members of a company. Liability for repayment of debts and lawsuits incurred by the Company, lies on it and not the owner. The liability of a company can be divided into 2 major segments
- Limited Liability
- Liability limited by Shares
- Liability Limited by Guarantee
- Liability limited both by Shares and by Guarantee
- Unlimited Liability
Perpetual Succession: An incorporated company has perpetual succession. Perpetual Succession means the company shall continue to exist even if the member dies or ceases, etc. Changes within the management does not bring any affect onto the identity of the company, the Company will remain the same with same privileges, immunities, estates and possessions. The Company shall continue to exist till its wound up in accordance with the provisions of the relevant law.
Easy Transferable Ownership: The shares and other interest of any member in the Company shall tend to be a movable property and can be transferable in the manner so provided by the Articles of such company. Therefore, it is easier to subscribe or leave the membership of the Company. Also it is easier to transfer the ownership.
Separate Property: A Company as a legal entity is capable of owning its funds and other properties. The Company is the real person in whose hands all the property is vested and such company has the sole right to control, manage and dispose off the property so vested in the hands of the company. The property of Company is not the property of its shareholders.
Taxation: As everyone wants to minimize his tax burden thus company as per the income tax act 1961 has another main benefit of incorporation towards taxation. Companies are often taxed at a lower rate and are provided with better taxable benefits as compared to other forms of business organization.
Raising Money: Raising money as a small business and a sole proprietorship or partnership can be difficult. But as per Companies act 2013 a company can sell shares to the public or can accept deposits from public and can therefore raise money easier than other business structure types. The modes of financing business carried on by company are numerous. Moreover, since the companies are governed by particular law and have to comply with stringent disclosure norms, therefore they enjoy good credit worthiness with various financial institutions
Selling the Business: It is easy to sell business for a company than any other business form. As business Corporation value will be based on the business, not the owner, therefore making it easy to sell the Company.
Capacity to sue As a juristic legal person, a Company can sue in its name and be sued by others.
Better Governed: Companies are governed by The Companies Act, 2013 and have to follow various other regulatory procedures during the course of its governance, moreover they have to comply with the stringent disclosure norms so imposed by the authority, which let to better governed organizations and creation of value for owners.
Micro, small and medium enterprises (MSMEs) Importance
Micro, small and medium enterprises (MSMEs) power India, accounting for almost 40% of gross industrial value and 45% of total direct and indirect exports. Hence, the government has introduced various schemes and aids to ensure the MSME lead a struggle free existence in the country, and also contribute, to the Indian Economy. Some of these schemes have been initiated by the central government, while others are promoted by the state government. To avail of them, however, you need an Udyog Aadhar registration.
Benefits of an MSME Registration
Benefits from Banks: All banks and other financial institutions recognise MSMEs and have created special schemes for them. This usually includes priority sector lending, which means that the likelihood of your business being sanctioned a loan is high, and lower bank interest rates. There may also be preferential treatment in case of delay in repayment.
Tax Benefits: Depending on your business, you may enjoy an excise exemption scheme as well as exemption from certain direct taxes in the initial years of your business.
Benefits from State Governments: Most states offer those who’ve registered under the MSMED Act subsidies on power, taxes and entry to state-run industrial estates. In particular, there is a sales tax exemption in most states and purchase preference on goods produced.
Benefits from Central Government: The central government, from time to time, announces schemes to benefit MSMEs, such as the credit guarantee scheme:
Credit Guarantee Scheme (CGTMSE)
One of the major struggles that the small scale industries face is credit and input of income from various sources to support them.
The Credit Guarantee scheme, introduced to support MSME, comes with modifications to make it more beneficial for small traders:
The salient features of the scheme include:
1. Enhancing the optimal eligibility loan from Rs. 25 lakh to Rs. 50 lakh.
2. Reducing the one-time guarantee for loans availed of by the MSME in North-Eastern region of India from 1.5% to 0.75%.
3. Increasing the extent of guarantee cover from 75% to 80% for:
4. Women operated Medium and small scale enterprises
5. Micro enterprises, for loans upto 5 lakhs
6. Loans obtained in North Eastern region of the country
7. Reducing the one-time guarantee fee for all loans availed in North Eastern India from 1.5% to 0.75%.
Apart from these benefits, the government also continues, in a phased manner, to enhance the ‘List of products reserved for purchase from MSME’.
NSIC
Facilities
The units registered with NSIC, under the Single Point Registration Scheme are given the following facilities:
– Issue of tender sets Free of Cost
– Advance intimation of tenders issued by DGS&D
– Exemption from payment of earnest money
– Waiver of security deposit upto the monetary limit for which the unit is registered.
– Issue of competency certificate in case the value of an order exceeds the monetary limit, after due verification.
– Besides, the units get other facilities which are available to small scale sector such as consideration of price preference upto 15% on merits over the price quoted by large units and procurement as per the reserved lists.
FSSAI License
FSSAI – Food Safety and Standards Authority of India is a self-ruling body built up under the Ministry of Health and Family Welfare, Government of India. The FSSAI has been built up under the Food Safety and Standards Act, 2006 which is a combining statute identified with sustenance wellbeing and control in India. FSSAI License is in charge of ensuring and advancing general wellbeing through the direction and supervision of sustenance security.
FSSAI License or FSSAI Registration is obligatory before beginning any nourishment business. FSSAI Registration is required for all nourishment related organizations, for example, producers, brokers, eateries, little diners, basic need shop, shippers, exporters, locally situated sustenance organizations, dairy ranches, processors, retailers, e-posteriors . who are associated with sustenance business must get a 14-digit enlistment Number or a Food permit number which must be imprinted on nourishment bundles or Displayed in Premises.
Benefit of FSSAI License
1. Consumer awareness: In this age of information, the consumers have become more alert and informative about the quality of food which they eat. With the number of diets and increasing of the healthy eating food options, people are required to know as to what they are consuming is not just safe but is of really good quality. More so after the recent controversy with Maggi, are provingthe consumers have started to take the food safety standard seriously. Thus, foodare proving that they have the FSSAI license, which can give you an added advantage of a solid and an increase in the customer base.
2. Legal Advantage: Most of the businesses identify getting an FSSAI license as an expensive, time consuming and an inconvenient process of documentation, thus they try to avoid getting the license. But, in reality, the process is not so cumbersome and there are a lot of consultancies that can help you get the license with ease. The actual cost which is required in order to achieve the license is less than what you will have to pay for in as the penalties if you are caught. It is thus advisable for any businessman to firstly get the license before you can even officially open your business.
3. Using the FSSAI Logo: Once you have the license, you can skillfully use the FSSAI logo in your menu cards and also in the pamphlets in order to publicise your food’s superior quality over others. This however gives you an edge over the many food operators who are not having the license. All the packaged food are thus required to have an FSSAI number. The logo is seen as a mark of validity and also for assurance by the consumers. In fact, the selective customers want to consume food products specifically who are having the license. It helps you in developing a brand name.
4. Business Expansion: When the time comes for your business to expand in other areas or outlets, you can easily do so with the use of your FSSAI license. The license will help you to establish your reputation and also qualification to grow your business in a new direction with ease. Moreover, the license can also make it easier for you to get bank loans and for funding which is required for expansion.