You are here

LegalWizin's blog

Is it possible to add an additional stamp in an existing partnership deed?

Submitted by LegalWizin on Thu, 12/31/2020 - 21:17

First it is important to know the reason behind adding the additional stamp duty later on. If the reason is valid then yes it can be added by mentioning the details of partnership including that it is a part of an existing agreement. For instance by mistake if agreement is made on stamp paper of lesser amount then the actually needed then one can add an additional stamp paper. If the reason is increasing the capital or add/remove partner then the supplementary agreement is to be made and additional stamp duty is to be paid on such supplementary agreement.

What is the difference between limited liability and public-limited companies?

Submitted by LegalWizin on Thu, 12/31/2020 - 21:15

Limited Liability partnership is a kind of partnership with a benefit of limited liability. It is the combination of Partnership firm and a company. LLP has a separate legal entity from the partners. Here partners are not liable for actions of other partners.

While public limited company is a company which can issue its shares to the public with a limited liability and called as publically held company. Further it can be listed company or unlisted on a stock exchange.

What is the producer for a TRF from a proprietor to a partnership?

Submitted by LegalWizin on Fri, 12/25/2020 - 22:28

To grow the business it is necessary to bring more funds in the firm. For a proprietorship firm the best transformation can be a partnership firm or Limited Liability Partnership. The process will remain same for both with some minor changes as both the types’ falls under different ACT. Partnership firm follows the rules of Partnership Act while LLP governs by Limited Liability Act.

Following are the steps which need to be followed while converting to a partnership firm from proprietorship firm.

Can a member of one OPC be a nominee in another OPC?

Submitted by LegalWizin on Thu, 12/17/2020 - 23:34

Yes, a member of one OPC can become a nominee in another OPC.

However at any point of time if such nominee becomes the member of that company due to incapacity of existing member, then he/she needs to choose one OPC in which he wants to remain as member. Further he/she needs to withdraw the membership from other OPC in 180 days. Hence he can be member of one OPC only.

How can a ‘private limited’ company register as software services in ROC launch an ecommerce website for selling goods? Is it possible under the current company act?

Submitted by LegalWizin on Thu, 12/17/2020 - 22:27

Any company can carry on any business according to the object clause of Memorandum of Association. If your main object includes the business of selling of goods online then you can carry on such business without following any legal procedures.

Can I apply for a trademark if an other application exists with similar (not identical) name in "Objected" status?

Submitted by LegalWizin on Thu, 12/17/2020 - 22:26

For application there are no limitations. One can apply for trademark even similar application is already in existence. But an objection can be raised by Ministry under relative grounds. In such objection one needs to reply for the same. According to ACT even if you are applying for trademark registration at later stage then also you will get the first preference for the registration. Hence if one has proofs that he is using that brand before other, then he can claim benefit of prior user.

Is it illegal use ® or ™ on some name that isn’t trademarked?

Submitted by LegalWizin on Thu, 12/17/2020 - 22:25

The use of sign “TM” or “R” has specific significance, so one should use it very precisely. “TM” signs signify that the user is the true owner of the brand and it is in the procedure of registration under the Trademark Act. However there is no legal meaning for “TM” sign. “R” sign signifies that the user is the registered owner of the brand.

Can I trademark a word for my brand that is already being used in another brands name of the same industry?

Submitted by LegalWizin on Thu, 12/17/2020 - 22:23

Are you referring to the only word that is registered? (Example, Amul)

If that is the case, although you can apply for registration, you should wisely opt not to. It is likely to see that your application is stuck at the examination stage itself.

However, if you are using only a part of a trademark, there can be fair chances of approval. Example, ABC deodorant. While ABC represents unique prefix and brand value, deodorant is a common noun that no one has exclusive right on.

What documents can be submitted as proof of address for GST registration?

Submitted by LegalWizin on Fri, 12/11/2020 - 00:30

You are required to submit following documents for GST registration online:

Documents with respect to Businesses:

  • Entity’s PAN Card:

A copy of PAN Card of business entity

Certificate of Registration:
Entity should provide registration certificate with MoA- AoA / LLP Agreement or Partnership Deed as applicable

Business Address Proof:
Latest Electricity bill/ Any Tax paid bill/ Municipal Khata Copy

Pages

Subscribe to RSS - LegalWizin's blog