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What Is a Partnership Firm ? Partnership as an association of two or more persons who have agreed to share the profits of a business which they run together. The persons who own the partnership business are individually called ‘Partners’ and collectively they are called as ‘Firm’ or ‘Partnership Firm’. The name under which partnership business is carried on is called ‘Firm Name’. Partnership and Proprietorship are the 2 most popular forms of business organisations in India. The reason why these 2 forms of organisations are so popular is because they are relatively easy to set¬up and the no. of statutory compliance required to be done by these forms of organisations is relatively less than the statutory compliance applicable to LLP’s and Companies. A Partnership Firm is a popular form of business constitution for businesses that are owned, managed and controlled by an Association of People for profit. Partnership firms are relatively easy to start are is prevalent amongst small and medium sized businesses in the unorganized sectors. With the introduction of Limited Liability Partnerships in India, Partnership Firms are fast losing their prevalence due to the added advantages offered by a Limited Liability Partnership. ADVANTAGES OF PARTNERSHIP Easy Formation More Capital Available Combined Talent, Judgement and Skill Diffusion of Risk Flexibility Tax Advantage Annual Filing NOT Required DISADVANTAGES OF PARTNERSHIP Unlimited Liability Lack of Continuity Risk of Implied Authority Business Name FIRSTMAN CORPORATE SERVICES LLP can help you to overcome all the difficulties and continue to assist you till preparation and filing of Income Tax Start your proprietorship Firm with firstmancorp.com because we serve you beyond your satisfaction. Siva Subramanian C FirstMan Corporate Services LLP Chennai - India +91 97878 97000
TRADE MARK IN INDIA A trademark is a name, symbol, or combination of both used by a company to distinguish its brand. Trademarks that are used to distinguish the services provided by a company are referred to as service marks. The primary aim behind registering a trademark is to prevent other companies from infringing on the identity of your company. It stops them from manufacturing goods or services using your identifying mark. Trademark laws may apply locally or internationally, depending on where you choose to register your mark. Although it is advisable to register your trademark early, there are situations where you can still get protection for an unregistered trademark. With growing number of businesses and intense competition copyright piracy, trademark counterfeiting, and patent infringement have become significant problems in the business community. Certainly any small business that exports its IP protected products abroad or sources its products or parts overseas must take into account the potential for rampant IP theft in many countries. As a new organisation, it is absolute necessary to register your intellectual property through Patent / Copy Rights / Trade Mark.
Design Right Registration In Chennai A Design refer to creative activity which result in the ornamental or formal appearance of a product and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property. The essential purpose of design law it to promote and protect the design element of industrial production. It is also intended to promote innovative activity in the field of industries. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments. BENEFITS OF DESIGN RIGHT The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to a better protection of his intellectual property who can sue for infringement, if his right is infringed by any person. Registered proprietor can license or sell his design as legal property for a consideration or royalty. STEPS TO REGISTER Initial level discussion between the Entrepreneur and FirstMan team. Ascertaining documents required and availability. Preparation and signing of documents. Find out the registration existence before proceed for registration. The availability is successful, sending the power of attorney document to the client. Received design documents from the client to be applied along with necessary forms. Intimate the acceptance and notification of the application to the client.
Trademark Registration In Chennai A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders.A trade mark can be represented graphically in the form of your company’s logo or a signature.Through a registered trade mark, you can protect your brand (or “mark”) by restricting other people from using its name or logo.Once acquired, a trade mark can last indefinitely as long as you renew it every 10 years. Because a registered trade mark is a form of IP, you can license or assign it to others. REGISTRATION PROCESS Initial level discussion between the Entrepreneur and FirstMan team. Ascertaining documents required and availability. Preparation and signing of documents. Search for the brand name under classification of goods and services given by the client. Once TM search successful, sending the power of attorney document to the client. Search fails, request the client for alternate names. Once the Power of attorney document has been received from the client, proceed with the filing of applications. Sending filed application to client.
Private Limited Company is “Limited by Shares” i.e. there are shareholders associated with the company and the theoretical value of the shares & any paid in return for the issue of shares by the corporation is limited to the capital which is initially invested. ADVANTAGES OF PRIVATE LIMITED COMPANY Private limited company is the most popular corporate entity amongst small, medium and large businesses in India due to various advantages. • Ideal for Startups & Growing Business • Easy to Get Funding, Raise Venture Capital Fund, Additional capital can easily be raised by selling shares • Member's liability is restricted to the amount of shares they own. They have limited liability • Members are well known to each other; however control is in the hands of owners of capital. • In the management of affairs and conduct of business is greater flexibility. • The number of directors in a private limited company is at least two. • Private limited company is that its limited liability, due to which every members enjoy this facility. It has the advantage of a public company and a partnership firm. • A private company after receiving certificate of incorporation start business immediately. • The company can continue to trade even if one of its member’s dies • Shares can be bought and sold with director's approval • The private company has a separate legal existence from that of its owners. It can own property and sue and be sued • This type of organisation has a much higher business status than a sole trader DISADVANTAGES OF PRIVATE LIMITED COMPANY One of the disadvantages of private limited company is that it restricts transferability of shares by its articles. • In a private limited company the number of members in any case cannot exceed200. • Another disadvantage of private limited company is that it cannot issue prospectus to general public. • In stock exchange shares cannot be quoted. Audited annual returns and accounts have to be made to the Registrar of Companies. All these documents are available for public inspection • A private limited company id more expensive and time consuming to set up than a sole trader or partnership • Professional help will be needed to set up a private limited company • There is separation of ownership and control which means that the owners no longer make all the decisions Start your Private Limited with firstmancorp.com because we serve you beyond your satisfaction. Siva Subramanian C FirstMan Corporate Services LLP Chennai - India +91 97878 97000
WHAT IS A LIMITED LIABILTY PARTNERSHIP? A Limited Liability Partnership is a newer form of business partnership where all of the owners have limited personal liability for the financial obligations of the business. There are no general partners in a limited liability partnership, but an LLP is similar to a general partnership. Each limited liability partner contributes to the everyday business operations. However, each partner enjoys limited personal liability for the other partners' acts. All states allow some form of LLP, though state laws vary. Note that some states only allow LLP status for professional partnerships, like accountants, lawyers or architects. In all states, limited liability partnerships can only be formed by registering with the appropriate state office. BENEFITS OF FORMING LIMITED LIABILITY PARTNERSHIP 1. The Liability of each partner is limited to his share as written in the Agreement filed at the time of creation of LLP as compared to Partnership Firms which have unlimited liability. 2. It has a Low Cost of Formation and is Easy to Form. 3. The Partners are not liable for the acts of each other and can be held liable only for their own acts as compared to Partnerships wherein they can be held liable for the acts of their partners as well. 4. Less Restrictions and Compliance are enforced on a LLP by the Govt as compared to the restrictions enforced on a Company. 5. As a Juristic Legal Person, a LLP can sue in its name and be sued by others. The partners are not liable to be sued for dues against the LLP. Start your LLP with firstmancorp.com because we serve you beyond your satisfaction. Siva Subramanian C FirstMan Corporate Services LLP Chennai - India +91 97878 97000
What does it mean to incorporate? Incorporating a business means turning your sole proprietorship or general partnership into a company formally recognized Ministry of Corporate affairs. When a company incorporates, it becomes its own legal business structure set apart from the individuals who founded the business. Through incorporation, the company's owner or owners create a separate legal entity to transact business. This new business entity corporation or limited liability Partnership Company (LLP) transforms the way the business is seen through the eyes of the law and often has more credibility with potential customers, vendors and employees.
Why We have to do the Annual Filing ? Every LLP have to maintain the compliance even if they are doing the business or not. The reason is, you know that you are not doing the business but government of India do'nt know that. Through the annual statements or filings you are giving information to the government about your organisation.
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