Meaning of One Person Company

Section 2(62) of Companies Act defines one person company as an organization that has just a single individual with respect to its part. Besides, individuals from an organization are only endorsers of its notice of affiliation, or its investors. In this way, an OPC is adequately an organization that has just a single investor as its part.
Such organizations are for the most part made when there is just one organizer/advertiser for the business. Business visionaries whose organizations lie in beginning phases like to make OPCs rather than sole ownership business on account of the few benefits that OPCs offer.

Difference among OPCs and Sole Proprietorships

It may seem like that one person company and sole proprietorship is the same thing but it isn’t. A sole ownership type of business may appear to be very much like one-individual organizations since the two of them include a solitary individual claiming the business, however they’re really exist a few contrasts between them.
The fundamental distinction between the two is the idea of the liabilities they convey. Since an OPC is a different lawful substance recognized from its advertiser, it has its own resources and liabilities. The advertiser isn’t actually obligated to reimburse the obligations of the organization.
Then again, sole ownerships and their owners are similar people. Thus, the law permits connection and offer of advertiser’s own resources in the event of non-satisfaction of the business’ liabilities.

Highlights of a One Person Company

Here are some broad highlights of a one-individual organization:

• Privately owned business: Section 3(1)(c) of the Companies Act says that a solitary individual can shape an organization for any legal reason. It further depicts OPCs as privately owned businesses.
• Single-part: OPCs can have just a single part or investor, in contrast to other privately owned businesses.
• Candidate: A novel component of OPCs that isolates it from different sorts of organizations is that the sole individual from the organization needs to make reference to a chosen one while enlisting the organization.
• No unending progression: Since there is just a single part in an OPC, his passing will bring about the candidate picking or dismissing to turn into its sole part. This doesn’t occur in different organizations as they follow the idea of ceaseless progression.
• Least one chief: OPCs need to have least one individual (the part) as chief. They can have a limit of 15 chiefs.
• No base settled up share capital: Companies Act, 2013 has not endorsed any sum as least settled up capital for OPCs.
  Uncommon advantages: OPCs appreciate a few advantages and exclusions under the Companies Act that different sorts of organizations don’t have.

Arrangement of One Person Companies

A solitary individual can shape an OPC by buying in his name to the update of affiliation and satisfying different prerequisites recommended by the Companies Act, 2013. Such update should state subtleties of a chosen one who will turn into the organization’s sole part in the event that the first part kicks the bucket or gets unequipped for going into authoritative relations.
This update and the candidate’s agree to his designation ought to be documented to the Registrar of Companies alongside a utilization of enrollment. Such chosen one can pull out his name anytime by accommodation of essential applications to the Registrar. His designation can likewise later be dropped by the part.

Participation in One Person Companies

Just regular people who are Indian residents and occupants are qualified to shape a one person company in India. A similar condition applies to candidates of OPCs. Further, a particularly regular individual can’t be a part or chosen one of more than one OPC anytime.
It is imperative to take note of that lone common people can become individuals from OPCs. This doesn’t occur on account of organizations wherein organizations themselves can claim shares and be individuals. Further, the law disallows minors from being individuals or chosen people of OPCs.

Transformation of OPCs into different Companies

Rules directing the arrangement of one-individual organizations explicitly limit the transformation of OPCs into Section 8 organizations, for example organizations that have altruistic goals. OPCs additionally can’t intentionally change over into different sorts of organizations until the expiry of a long time from the date of their consolidation.

Advantages of One Person Companies

Following are the advantages of one person company:
• They don’t need to hold yearly regular gatherings.
• Their budget reports need exclude income proclamations.
• An organization secretary isn’t needed to sign yearly returns; chiefs can likewise do as such.
• Arrangements identifying with autonomous chiefs don’t have any significant bearing to them.
• Their articles can accommodate extra reason for get-away of a chief’s office.
• A few arrangements identifying with gatherings and majority don’t make a difference to them.
• They can pay more compensation to chiefs than contrasted with different organizations.

One Person Company (OPC): Process of Registration

Following are the steps for one person company registration and rules:

Stage 1: Apply for DSC * Step 2: Apply for DIN * Step 3: Name Approval Application Step 4: Documents Required Step 5: Filing Forms with MCA Step 6: Issue of authentication of Incorporation * For Name accessibility under RUN Web administration, there is no earlier prerequisite to get DSC and DIN. It very well may be finished with account login on MCA entry.
1. Apply for DSC: The initial Step is to acquire the Digital Signature Certificate (DSC) of the proposed Director which required the accompanying reports:
Address Proof +
Aadhaar card
Container card
Photograph
Email Id
Telephone Number
2. Apply for DIN: Once the Digital Signature Certificate (DSC) is made, the following stage is to apply for the Director Identification Number (DIN) of the proposed Director in SPICe Form alongside the name and the location verification of the chief. Structure DIR-3 is the alternative just accessible for existing organizations. It implies with impact from January 2018, the candidate need not document Form DIR-3 independently. Presently DIN can be applied inside SPICe structure for up to three chiefs.
3. Name Approval Application: The subsequent stage while joining an OPC is to settle on the name of the Company. The name of the Company will be as “ABC (OPC) Private Limited”.
There are 2 choices accessible for getting name endorsed by making application in Form SPICe 32 or by utilizing RUN Web administration of MCA by giving just 1 favored name alongside the meaning of keeping that name. Be that as it may, with impact from March 23, 2018, Ministry has chosen to allow two proposed Names and one re-accommodation (RSUB) while saving Unique Names (RUN Service) for the Companies.
When the name is affirmed by the MCA we proceed onward to the following stage.
4. Archives Required: We need to set up the accompanying reports which are needed to be submitted to the ROC:
a. The Memorandum of Association (MoA) which are the items to be trailed by the Company or expressing the business for which the organization will be joined.
b. The Articles of the Association (AoA) which sets out the by-laws on which the organization will work.
c. Since there is just 1 Director and a part, a chosen one in the interest of such individual must be delegated on the grounds that in the event that he gets debilitated or passes on and can’t play out his obligations the candidate will perform for the benefit of the chief and have his spot. His assent in Form INC – 3 will be brought with his PAN card and Aadhar Card.
d. Confirmation of the Registered office of the proposed Company alongside the evidence of proprietorship and a NOC from the proprietor.
e. Revelation and Consent of the proposed Director of Form INC – 9 and DIR – 2 resp.
f. A revelation by the expert guaranteeing that all compliances have been made.
5. Recording of structures with MCA: All these reports will be connected to SPICe Form, SPICe-MOA and SPICe-AOA alongside the DSC of the Director and the expert, and will be transferred to the MCA site for endorsement. The Pan Number and TAN is created consequently at the hour of consolidation of the Company. There is no compelling reason to document separate applications for getting PAN Number and TAN.
6. Issue of the testament of Incorporation: On check, the Registrar of Companies (ROC) will give a Certificate of Incorporation and we can initiate our business.

The post What Is One Person Company And How To Register It? appeared first on LegalRaasta Knowledge portal.

लेकिन सभी के मन में यह सवाल है कि यह यात्रा कहां और कैसे शुरू की जाए।

के बाद, आपने बाजार विश्लेषण प्रतियोगी के बाजार के साथ एक पूर्ण बाजार अनुसंधान किया है; आपके पास एक सामान्य विचार होना चाहिए कि आप अपना व्यवसाय कैसे शुरू करना चाहते हैं।

अपनी कंपनी पंजीकृत करें:

पहली बात यह है कि कोई भी ऑनलाइन व्यवसाय जो ऑनलाइन भुगतान स्वीकार करना चाहता है, को एक पंजीकृत कंपनी के रूप में स्थापित करना आवश्यक है। यह आवश्यक है ताकि, वे वेबसाइट पर एक सुरक्षित भुगतान गेटवे स्थापित कर सकें।

आपके व्यवसाय को पंजीकृत करने के तीन तरीके हैं:

1. अपने व्यवसाय को चलाने और चलाने के लिए सबसे आसान और सुविधाजनक तरीका एक एकमात्र प्रोपराइटर के रूप में पंजीकृत होना है।

एक एकल स्वामित्व कम कानूनी अनुपालन, दस्तावेज़ीकरण की कम लागत जैसे कई लाभ प्रदान करता है, और भारतीय कानून प्रोप्राइटर के व्यवसाय और मालिक को समान पहचान (प्राइवेट लिमिटेड और सार्वजनिक कंपनियों के विपरीत) के रूप में मानता है, इससे आपको चलाने में मदद मिल सकती है। यह आपके घर से बाहर है। आपको कॉर्पोरेट टैक्स अनुपालन के बजाय एक व्यक्तिगत दर पर कर लगाया जाता है। कोई अतिरिक्त लागत की आवश्यकता नहीं है, आपको केवल एक स्थानीय बैंक शाखा में आपकी कंपनी के नाम पर एक बैंक खाता है। आपके व्यक्तिगत पैन कार्ड का उपयोग कराधान के प्रयोजनों के लिए किया जा सकता है। आप यहां अपना एकमात्र स्वामित्व व्यवसाय पंजीकृत करने का तरीका देख सकते हैं।

2. पंजीकरण के बारे में जाने का दूसरा तरीका आपके व्यवसाय के पैमाने के आधार पर प्राइवेट लिमिटेड, एक सार्वजनिक कंपनी या एलएलपी के लिए जाना होगा। यहां पहली बात यह है कि अपने व्यवसाय के नाम पर एक चालू खाता स्थापित करें ताकि आप अपने व्यक्तिगत खाते के बजाय अपनी कंपनी के नाम पर होने वाले घाटे का भुगतान कर सकें। उन्हें कई दस्तावेज और कानूनी अनुपालन की आवश्यकता होती है। लेकिन, वे बाद में व्यापार के स्केलिंग के लिए आवश्यक होते हैं, जब आपका टर्नओवर बड़ा होता है।

कर लगाना:

एकमात्र स्वामित्व के मामले में, आप कराधान प्रयोजनों के लिए अपने स्वयं के पैन कार्ड का उपयोग कर सकते हैं । आपको अपने नाम के तहत आयकर रिटर्न दाखिल करना होगा।

एक एकल स्वामित्व व्यवसाय को व्यक्तिगत दरों पर चार्ज किया जाता है, इस प्रकार, कोई भी कॉर्पोरेट टैक्स नहीं देना पड़ता है।

सेवा कर केवल प्रदान की जा रही सेवाओं पर लागू होता है। माल की बिक्री के लिए, वैट, उत्पाद शुल्क, और बिक्री कर लागू होते हैं। इन करों का भुगतान केवल तभी किया जाना चाहिए जब आपका व्यवसाय प्रतिवर्ष 10 लाख के कारोबार को पार कर जाए।

व्यवसाय लाइसेंस:

एक ऑनलाइन पोर्टल के लिए आवश्यक व्यवसाय लाइसेंस साइट पर बेचे जाने वाले उत्पादों के प्रकार पर निर्भर करता है। उनमें से कुछ निम्नलिखित हैं:

1. दुकानें और स्थापना अधिनियम: यह महत्वपूर्ण है यदि आप अपने ऑनलाइन स्टोर के लिए भुगतान गेटवे चाहते हैं। इसके अलावा, यदि आप एक भौतिक दुकान स्थापित करना चाहते हैं और लोगों को नियुक्त करना अनिवार्य है।
2. CST / VAT: ये मूल कर हैं जो आपको ऑनलाइन सामान बेचते समय चुकाने पड़ते हैं लेकिन, केवल एक बार जब आपका वार्षिक कारोबार 5 लाख को पार कर जाता है।
3. सेवा कर : इस कर का भुगतान करना आवश्यक है यदि आप ऑनलाइन सेवाएं दे रहे हैं लेकिन, केवल एक बार जब आपका वार्षिक कारोबार 10 लाख को पार कर जाता है
4. व्यावसायिक कर : यदि आपके पास एक या एक से अधिक कर्मचारी काम कर रहे हैं तो इस कर को पंजीकृत करना आवश्यक है।

करों और पंजीकरण की नीतियां अलग-अलग राज्यों में अलग-अलग हैं। इसलिए, इन पंजीकरणों के बारे में अपनी संबंधित राज्य की नीति के साथ जांच करना उचित है । अपना ईकामर्स पंजीकृत करें, LegalRaasta से संपर्क करें ।

हम ट्रेडमार्क पंजीकरण, कंपनी पंजीकरण, FSSAI लाइसेंस जैसी कई प्रकार की कानूनी सेवाएं प्रदान करते हैं, और भी बहुत कुछ। तो, पूरी तरह से परेशानी मुक्त प्रक्रिया के लिए, “लीगलरैस्टा” की विशेषज्ञ टीम से संपर्क करें।

The post पंजीकरण और लाइसेंस एक ईकामर्स बिजनेस शुरू करने के लिए आवश्यक है appeared first on LegalRaasta Knowledge portal.

धारा 117 (3) के अनुसार, प्रत्येक संकल्प या किसी समझौते की एक प्रति, धारा 102 के तहत व्याख्यात्मक बयान के साथ, संकल्प पारित होने के तीस दिनों के भीतर रजिस्ट्रार के पास दायर की जानी चाहिए। निर्धारित प्रारूप फॉर्म नंबर MGT-14 है। और एक शुल्क का भुगतान किया जाना चाहिए, आवश्यकतानुसार।

निर्धारित समय – सीमा

फार्म MGT -14 जरूरतों संकल्प पारित या समझौते तैयार करने की तारीख से 30 दिनों के भीतर दाखिल होना करने के लिए, पूरा करने के लिए आरओसी अनुपालन , एक बार अपने कंपनी पंजीकरण खत्म हो गया है।

संकल्प के लिए अनुबंध

हम ट्रेडमार्क पंजीकरण, कंपनी पंजीकरण, FSSAI लाइसेंस जैसी कई प्रकार की कानूनी सेवाएं प्रदान करते हैं, और भी बहुत कुछ। तो, पूरी तरह से परेशानी मुक्त प्रक्रिया के लिए, “लीगलरैस्टा” की विशेषज्ञ टीम से संपर्क करें।

हमें +91 8750008585  पर कॉल करें या contact@legalraasta.com पर अपनी क्वेरी भेजें

आसान उपयोग के लिए, आप हमारे लीगलरैस्ट एपीपी को भी डाउनलोड कर सकते हैं ।

The post MGT-14: अनुपालन, एसटीपी, जुर्माना और डाउनलोड appeared first on LegalRaasta Knowledge portal.

The term copyright refers to the ownership or control of the rights to use and distribution of certain works of creative expression that include books, video, movies, and computer programs. Actually, the copyright law had been enacted to balance the desire of cultures to use and reuse creative works against the desire of the creators. The creativity could be of art, literature, music, and the like to monetize their work by controlling who can make and sell copies of the work. In this article, we will let you know the reasons why you should Register copyright online in India.

Read more: Author rights under copyright law, Principles of Copyright Legislation system and for additional information must follow our blog.

Objectives of Register copyright Online in India

The first and foremost copyright registration e-filing motive is to encourage authors, composers, and artists to create original works. Moreover, it has been meant to reward them with an exclusive right for a limited period to reproduce the works for the benefits of the public. When the copyright will expire then the work belongs to the public go main and anyone may reproduce them without taking permission. Copyright is the right to prevent others from copying or reproducing the work.

Somewhat copyright is similar to a patent right. It is the monopoly that retrains the public from doing that which is apart from the monopoly and it is perfectly lawful for them to do. The monopoly is itself a right which is granted for the purpose of preventing persons from unfairly availing themselves of the work of others. Whether it is of scientific or any kind of literary or artistic work. The objective of patent and copyright laws is the protection of authors either inventions or work of art. On the contrary, you must take care to not allow them to be made the instruments of oppression and extortion.

Read more: Procedure for patent filing in India

Reasons why you should Register copyright Online in India

The post Reasons why you should register your copyright appeared first on LegalRaasta Knowledge portal.

This Act was known as the copyright Act, 1957, which was suitably amended again in the 1999 according to the situation which was prevailing in the India and also around the world. In the field of copyright, India as a signatory to the Berne Convention and the International Copyright Order, 1958, which has now been replaced by the International Copyright Order of 1991. It however provides the same protection to the nationals of the member States as its own nationals.

However , The provisions of acquiring the copyright ownership have been defined under Section 17 of the Act. The right of ownership is thus available only if one qualifies the provision of this Act. There is also no other remedy in the other laws that are prevailing in India in order to counter the violation of the copyright ownership.

The nationality of the person is however an important factor in order to get the right of the copyright. The section 13(2) provides that-

(1) In case of a published work, the work must however be published in India or when it is published outside India, then the author must be a citizen of India at the date of the publication or if he is dead at the time of his death.
(2) Section 7 of the copyright Act provides that the author in the case of an unpublished work, at the time of making of an unpublished work must however be citizen of India or he must be domiciled in India where the making of an unpublished work is however extended over a considerable period.
(3) In the case of any kind of architectural work the work must thus be situated in India.

The international organizations and the citizens of other countries however also get the protection of the copyright in India but it is however subject to the certain condition and they are not per se qualified for the kind of protection.

According to Section 17 of the Copyrights Act, 1957 the first owner of the copyright is defined as under:
Subject to the provisions of this Act, the author of a work shall however be the owner of the copyright therein. Section 17 thus statutorily recognizes the author of the work to be the first owner of the copyright

Section 2(d) defines the term author, it says that “Author” means,-
(1) In relation to any kind of literary or dramatic work, the author of the work;
(2) In relation to any kind music work, the composer;
(3) In relation to any kind of artistic work other than a photograph, the artist;
(4) In relation to any kind of photograph, the person taking the photograph, the artist;
(5) In relation to any kind of cinematograph film or sound recording, the producer; and
(6) In relation to any kind of literary, dramatic, musical or artistic work which is computer- generated, the person who causes the work to be created.
However, this provision is subject to certain kind of exceptions. For instance Section17 (a) provides that where a work is however made by the author in the course of his employment by the proprietor either of a newspaper, magazine or any periodical under a contract of service or any kind of apprenticeship for the purpose of publication in a newspaper, magazine or periodical, the said proprietor, however in the absence of any kind of agreement to the contrary would thus be the first owner of the copyright in the work in so far as it thus relates to the publication of the work in any kind of newspaper, magazine or however similar periodical or also to the publication of the work for the purpose of being so published. Except in such kind of cases, the author would however be the first owner of the copyright in the work.

Section 17(b) provides that where a photograph is taken or a painting or a portrait drawn, or an engraving or a cinematograph film has been made, for any valuable consideration at the instance of any kind of person, then such kind of person, in the absence of any kind agreement to the contrary, shall, however be the first owner of the copyright therein.

Section 17 (c) provides that in the case of any work which is made in course of the author’s employment under any contract of service or any apprenticeship, to which clause (a) or clause (b) does not apply, then the employer shall, in the absence of any kind of agreement to the contrary, be the first owner of the copyright therein. An author may also create a work either independently, or he may create a work under a contract of service or either a contract for service.

Section 17(cc) however provides that in case of any address or any speech delivered which is in public, the person who has however delivered such address or such speech such address or if such kind of person has delivered such address or such kind of speech on behalf of any other person, then such other person shall however be the first owner of the copyright therein notwithstanding that the person who however delivers such address or speech, or, as the case may however be, the person on whose behalf such kind of address or speech is delivered, is however employed by any other person who thus arranges such kind of address or speech or also on whose behalf or the premises such kind of address or speech is delivered;

Section 17(d) provides that in the case of any kind of government work, the government shall, however in the absence of any kind of agreement to the contrary, be the first owner of such kind of copyright therein;

Section 17(dd) states that in the case of any kind of work which is either made or first published by or under the direction of or under the control of any kind of public undertaking, such kind of public undertaking shall however , in the absence of agreement to the contrary, be the first owner of the copyright therein;

Section 17(e ) however provides that in the case of any kind of work to which the provisions of section 41 apply, the international organization which is concerned shall be the first owner of the copyright therein.

The Copyright Act, 1957 is thus a comprehensive Act. The object of this Act is that thou shall not steal. This Act is however drafted in tune of English and American laws. This Act however aims to safeguard the ownership of an unpublished work also in addition to the protection which is granted to publish the work.

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 Ownership of copyright 

The  owner of the copyright however means the  person who however  possess and also  enjoys the legal right. The definition is however  given to the author in the context of the  and the  copyright protection thus depends on the nature of the work  & s.2(d ) defines ‘author’. The creator of the work can however  also be joint authors, but a  dilemma however  lies in determining the criteria for such  joint authorship, S. 2(z) of the Copyright Act however defines the  work of joint authorship .Such an issue however came before the court in Najma Heptulla v.Orient longman Ltd in which there was a question before the Court as to whether a person who however  gives form to the narration would  become the joint author of the book India Wins freedom’. Eventhough the  work was however  composed by  Kabir the material for the book was thus  supplied by  Azad however  with a clear understanding that kabir would however  describe those thoughts & the  conversations and also write the same in English language and Kabir’s function  was only to record Azad’s findings and however not to let his views  colour the narrative . The preface however  itself showed  It that it was  Azad who had however decided as to which 30 pages of the book were not to be publish and also which of his views should however  be there  in his book and also  read every word of manuscript and also  made the alterations additions, omissions and also the correction.

In U.S. the condition  in order  to satisfy the joint authorship has to prove (a) in what part of expression of the work the owner has however significantly and substantially collaborated and that it is however originated from him. (b)contribution must however be the original expression to the work (c) contribution of the joint author to the work should also need not be equal but however has to be substantial or significant  (d) what constitutes  significant and substantial contribution which however  involves his contribution to the original expression, qualitatively and also  quantitatively, either equally or significantly or substantially pursuant to a common goal.

Another  kind of complexity which however lies when the work is a combination of the  different works eg  cinematographic works, sound recordings etc & however the lack of clarity in the definition of “producer” which however  adds to it . Such a question thus  came before the court in GeePee Films(p) ltd. Vs. Pratik Chowdhary .  The question which however was  before the court was  that  by taking the financial responsibility of the  sound recording whether one would fall under the definition of ‘producer’. Even though the plaintiff had  paid all the expenses of recording  and also  the  hire charges of the  studio and the  remuneration of  the musicians   it would however  not amount to taking the  responsibility of such  kind of recording and it  thus cannot be held to be a producer,  since the ‘responsibility’ which is  appearing in sec 2(uu) does nor really  refer to the financial responsibility but also the “consequential legal liability” for such kind of  recording.

Also in order to decide the ownership of the copyright when the author does the work at the instance of  any person for some valuable consideration, or in the case of the course of the  employment under any kind of contract of service , however faces some kind of  complexity and thus  what amounts to the  contact of service however  also depends on the  facts of each case & the judiciary has thus  laid down different tests in order  to determine it. An author may however  however create a work independently, or he may create a work under a contract of service or contract for service

The modern approach has however  been in order  to abandon the search for a single test, and however  instead take a multiple or ‘ pragmatic ‘ approach, weighing upon all the factors for and against a contract of employment and then determining as to   on which side the scales however eventually settle. Factors which are however  usually of importance are as follows – the power in order  to select and dismiss, the direct payment of some kind of  form of the  remuneration, deduction of the PAYE and the national insurance contributions, the organisation of the workplace, the supply of the  tools and the  materials (though there can however  still be a labour-only sub- contract) and also  the economic realities (in particular who bears the risk of loss and has the chance of profit and whether the employee could be said to be ‘in business on his own account’). Also , a  further development in the recent case-law which was  (particularly concerning atypical employments) has thus  been the idea of mutuality of obligations ‘ as a possible factor i.e. whether the course of the  dealings between the parties however  demonstrates the  sufficient such mutuality for there to be an overall employment relationship .

However for the purpose of protection , the Copyright of “works” of the foreign nationals, whose countries area  however  member of the Convention Countries to which India is a signatory, are however protected against any kind of  infringement of their “works” in India through the International Copyright Order, 1999. The Indian Courts however  have also been pro-active for the protection of the  Copyright of the  foreign authors/owners, which also  includes the software, motion pictures including the screen play of the  motion pictures and its database.

The Government of India is however  also taking an  initiative in order to combat piracy in the software industry, motion pictures and the music industry along with players in the industry through their associations and the  organizations such as  NASSCOM (National Association of Software and Service Companies), NIAPC (National Initiative Against Piracy and Counterfeiting) etc.

Copyright in any kind of work, either at present or in  future, can however  only be assigned or can be licensed in writing by the copyright owner or his duly authorized agent.

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