Business Archives

05 May

Top 17 Startup Legal Disputes

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In the rising culture of Startups and Small businesses, one thing that cannot be avoided is a rising number of legal disputes. Even the Giant Startups are not free of legal disputes. Startups and Small Businesses that are aware of something like this happening under conscious minds, you are definitely taking the risk and it is the time you take a legal opinion from experts. The Startup Legal Disputes that stole highlights are: Zomato vs Burpp in 2011 Issue: Data Theft Zomato accused Burrp of copying data and contact details exclusively available for Zomato?s use and published under a special…

05 May

Corporate Criminal Liability – Can Startups Be Held Responsible For Their Crimes?

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We all know startups, except for sole proprietorship firms and partnership firms, are considered separate legal entities, distinct and independent from the members who represent it. So, how can courts punish these startups which commit crimes? Common law has various theories which determine the liability of the corporations and the most prominent one would be the doctrine of vicarious liability which states that corporations can be held liable for the torts committed by its employees. But can corporations be charged with the crimes they have committed? Or more importantly, should they be held liable, especially since a company itself is…

04 May

Ten Actions That Are Not Considered As Copyright Infringement

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In order to bring clarity amongst young startups community, in this blog, we will look into actions that are not considered Copyright Infringement in India and remedies incase of infringement. Using literary, dramatic, musical or artistic work for private research Making of copies or adaptation of a computer programme by the lawful processor Utilization of computer programme for the purpose for which it was supplied. Reproduction of the work for the purpose of a judicial proceeding Playing the recording in an enclosed room for the public to hear. Making no more than 3 copies of the copyrighted book under the…

02 May

7 Laws Applicable To All Business Types In India

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Irrespective of the type of business type there are certain business laws that would be applicable to all business types. Here is the checklist of 7 Laws applicable to all business type in India: Companies 2013 Act – governs the incorporation management, restructuring, and dissolution of companies. Indian Contracts Act – governs the grounds on which contracts are valid, relating to the formation and enforceability of contracts, consideration, the various types of contracts including those of indemnity and guarantee, bailment and pledge, agency, and breach of a contract. FEMA – governs India’s foreign exchange and regulates the inflow and outflow…

02 May

What Has To Be Done When You Lose DSC?

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As you know Digital Signature Certificate is a very important document which facilitates one to sign documents digitally and the signature is considered valid under the law. All filings done by the companies/LLPs under MCA21 e-Governance programme are required to be filed using DSC. Apart from these, to create login credentials for companies in IT portal we need DSC of any one of the Directors. To obtain GST Registration and IEC Registration we will need DSC. Thanks to the Information Technology Act, 2000 which has established a provision for use of Digital Signatures on the documents submitted in an electronic…

02 May

Things To Know Before Initiating Winding Up Of A Company

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When over 3L directors faced directorship suspension (which means they cannot be directors in any company for 5 years), entrepreneurs or directors who were lucky enough to have not brought under that radar, are now taking some serious decisions on filings and existence. In this blog, with an attempt help those directors who are considering winding up, we will look into things one must keep in mind in order to windup a Company. Any company (Private Limited Company or One Person Company) continues to be in existence until it is dissolved according to the law. #1. Dissolution Can Be Done…

02 May

Importance Of Privacy Policy For Any Startup

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This blog talks about the Importance of Privacy Policy for any Startup and how Startups could safeguard their relationship with customers on the long run just with this contract in place. Why is a privacy policy important, both legally and from a customer trust perspective? Some industries are required by law to maintain a privacy policy. These industries include banks, medical professionals, and many others. Most of the privacy regulations to which these industries are subject to apply on and off the internet. If you are not within one of these regulated industries, your prospect marketing and customer retention may…

02 May

Starting A Franchise In India

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Starting a Franchise in India is an old hat but that always work, Franchising, since the economic liberalization of 1991, many foreign companies with strong brand names have established a presence in India through franchising like Hertz, Radisson, Kentucky Fried Chicken (KFC), Domino's Pizza, Thank God it's Friday (TGIF), Pizza Hut etc., In fact, Indian companies with strong brand recognition are also using the franchising route like MRF, NIIT, Apollo Hospitals. Yo bro, What's franchising? The Blacks Law Dictionary defines a franchise as a license from the owner of a trademark or trade name permitting another to sell a product…

28 Apr

12 Ways Startups Can Protect Digital Data

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Startups should consider several factors when designing a data protection plan for storing and protecting digital data. In all cases, companies should develop a data protection plan that protects disclosure or inappropriate use of confidential data. Even in the worst cases like data theft, you could protect your business if and only if the business abides by legal precautions to protect data. In this blog we will talk about the 12 Ways Startups can protect digital data Startups Can Protect Digital Data In 12 Ways: 1. Add firewalls, anti-virus software and other layers of protection to your business servers and…

24 Apr

A Complete Guide For Setting Up A Foreign Subsidiary In India

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Setting up a foreign subsidiary in India is getting easier day by day due to the new government policies of the Indian government in Foreign Direct Investment (FDI), Simple and easy online procedures of Incorporation, and other supportive schemes. In this article, we are going to give you a complete step-by-step procedure of setting up a subsidiary of a foreign company in India. There are four major steps in setting up a subsidiary in India Incorporation of foreign subsidiary Filing for FC-GPR (for the foreign Investment that comes to India) Getting the required licenses and registration Setting up the Transfer…