You are here

LegalWizin's blog

Can I register a company limited by a guarantee kind of organisation in India?

Submitted by LegalWizin on Tue, 10/06/2020 - 02:01

Yes, certainly.

The Companies Act, 2013 provides “Company Limited by Guarantee” as one of the types of company.

Here, the difference from the Company Limited by Shares will be the liability clause of MoA and few details in the application form. However, that is taken care by the professional hired for incorporation.

Is it possible to deposit an outward clearing cheque favouring a partner of a partnership firm into the firm account? He is ready to give declaration that it is for investment in business.

Submitted by LegalWizin on Tue, 10/06/2020 - 01:52

No. It is not generally possible. However, the partner can endorse the cheque in the name of partnership firm account. You may contact the bank officer to know how to endorse the cheque.

What is the secrect/reason behind holding a board meeting on the date of AGM? Is it so mandatory?

Submitted by LegalWizin on Tue, 10/06/2020 - 01:50

No, there is no requirement of holding the Board Meeting on the date of AGM. However, mostly adopt this matter to minimize the compliance expenses.

The directors and executives and auditors are called upon for the AGM and so they can also hold the Board Meeting on the day in order to save the travel expenses. The criteria of a meeting per quarter is also maintained with proper planning and arrangement.

Can we edit a company name once it was already created?

Submitted by LegalWizin on Tue, 10/06/2020 - 01:48

Instead on using word edit, let’s say to change the name, because it is already registered and certificates are not editable.

There can be various reasons to change the name from errors to its interpretation and re-branding purpose. These changes are doable under Companies Act, 2013.

The Act lays specific process to change the company name after its incorporation.

I would state the process in brief, which is explained in the blog link provided in footnote[1]

Can a private limited company work in premises rented in a director's name?

Submitted by LegalWizin on Tue, 09/29/2020 - 02:08

Yes, certainly.

Only that the owner is required to provide an NOC to the company that he has no objection for the place being used for company’s operations.

This is a normal situation for the Registered office as the company is not into existence. The rent agreement is made in name of one of the director and further, the NOC is obtained from the owner.

However, at any time, it is always preferred to have a rent agreement in name of company.

I hope this helps!

What is the difference between a company, an agency and an LLP?

Submitted by LegalWizin on Tue, 09/29/2020 - 02:06

A Company and an LLP are body corporate and legal entity. On other hand, an agency is contractual relationship between two parties.

Let’s first understand how a company and an LLP is different.

Where the company is most preferred structure for startups, an LLP is preferred by service based industry. LLP is basically combination of a company and partnership. It is more like an extended partnership with corporate features.

How can I register or acquire a private limited company whose status is striking off in India?

Submitted by LegalWizin on Tue, 09/29/2020 - 02:02

The struck-off company can be revived within 20 years from the date of striking-off.

In order to acquire that company, you are required to first revive it. Upon revival, the acquisition process can be carries out.

If you require assistance for the matter, feel free to get free consultancy from the LegalWiz.in experts.

Can a company sue me for copying their app idea into my app?

Submitted by LegalWizin on Tue, 09/29/2020 - 02:01

Have id you signed a non-disclosure agreement and was the information or the idea disclosed to you in confidence?

Is the idea already put into execution i.e. is the app idea is already in working or is included in their app or patented?

If the company disclosed the idea and made you sign a non- disclosure agreement, they can sue you.

Secondly, if they already have created the app, then they automatically have copyright over the app and you might face litigation.

What is the legal process as well as the fees to register a pen-name in India, required for literary work? Is there any online facility to register it?

Submitted by LegalWizin on Tue, 09/29/2020 - 01:36

There could be two ways to register the pen-name. First could be protection under copyright. The literary work is protected under copyright in legal name of the author. In the same application, you can enter your pseudonym in appropriate field for protection.

On the other hand, there can be another a trademark registered. Generally, the trademark is not allowed unless it is associated with particular goods or services such as a blog, book, comic series, etc.

Pages

Subscribe to RSS - LegalWizin's blog