Comments on: Starting up? Legal Primer – Basic Registrations that you should know

By: ASHOK KUMAR

ASHOK KUMAR — Sun, 14 Feb 2010 13:49:53 +0000

u can not use company name without registering it.If u want to register a company, then the details will be provided to you by email or phone call, as it involves a long process. U MAY CONTACT me regarding this matter on mobile no. 9873058461.

By: Sunil

Sunil — Sat, 22 Aug 2009 17:30:48 +0000

I wanted to know if an online retalier of consumer goods (sales around 25% domestic & 75% Export) become a STPI member.

By: heena ali

heena ali — Wed, 10 Jun 2009 20:39:29 +0000

Hi,
i want to start up a company for website development. it will be a sole propritory concern. can i made recipt book and visiting card having company name and would it be legal. if no then how i register the name of company .

By: Entrepreneurship anybody? - Page 91 - PaGaLGuY.com - The Everything of MBA

Entrepreneurship anybody? - Page 91 - PaGaLGuY.com - The Everything of MBA — Fri, 22 May 2009 05:57:15 +0000

[...] the steps, the approx cost and the relative advantages/disadvantages of each? This might help Starting up? Legal Primer – Basic Registrations that you should know Entrepreneurship anybody? Harsha Bhogale at [...]

By: Naseer Khan

Naseer Khan — Fri, 31 Oct 2008 14:06:36 +0000

Dear Sharda,

I sincerely appreciate your efforts to help entrepreneurs. Thanks a million for the post and keep up the good work.

I don’t understand one thing; Why does everyone start there query with “dear sir”?

Cheers
Nasee Khan

By: Mohit Shukla

Mohit Shukla — Mon, 29 Sep 2008 08:05:11 +0000

dear sir
i run a website development firm with 4 of us as partners
now i want to convert it into a pvt. ltd. co
what all procedures do i need to follow.
kindly tell me in complete detail.
thanks & regards
Mohit

By: Karan Jain

Karan Jain — Mon, 25 Aug 2008 09:36:56 +0000

Dear Sir

I have recently started a small business providing Consulting/Advisory,Advertising and Recruitment services(India & Abroad).Do I have to take an EXIM licence.I have a personal PAN number. Do I need to take one in the name of my company also.I dont have more than 20 employees and a revenue of more than 10Lp.a because its a startup.

Please let me know as to what other legal formalities/documentation do I have to undergo ?

Regards
Karan Jain

By: Sharda Balaji

Sharda Balaji — Sat, 12 Jul 2008 09:26:18 +0000

Dear Nikhil,

I guess you mean you are starting a sole proprietary concern. Your PAN is sufficient and no separate PAN is required. You will also need Service Tax registration once your billing reaches Rs.9 lakhs pa. Pls. see above for the link on applying for the same.

Thanks,
Sharda Balaji

By: nikhil sinha

nikhil sinha — Sat, 12 Jul 2008 07:38:01 +0000

sir,
i want to start my own consultancy (which will provide jobs)….
i want to know what procedure shall i follow and what are the basic legal things i wud require to do…..
do i need service tax code, if yes waht is the process to obtain it… what is the tan number…. i do have pan of my name… do i need one more on the company name…. i am going to be the sole owner of the the consultancy…

By: Sharda Balaji

Sharda Balaji — Mon, 10 Mar 2008 06:46:33 +0000

Thanks Deepak.

Dear KK, On the non-compete clause, in most cases the restriction has not stood the test of law. I have come across one proven exception:- In cases where the employer has spent substantial amount to train the employee, where the cost incurred can be proved, then the courts do agree for non-compete clause but for a ‘reasonable’ period (2 years is found be ‘reasonable’). Most of the other interpretations, requirements are mentioned in the articles that you have provided links for.

On the protection of Trade Secrets, it is a combination of process and relevant agreements. NDA with the employee + Education / training on trade secrets + Policy in the company on treatment of confidential information + exit policy, exit interview, signing of trade secret acknowledgment form by the employee while leaving. If the employee is hired from a competitor, may be a joining-in interview too.

By: Deepak Shenoy

Deepak Shenoy — Fri, 07 Mar 2008 06:39:13 +0000

You also need TAN (Tax Authorisation number) to be able to deduct TDS which is mandatorily deductible on any payment above Rs. 20K (100K on rentals)

Pan can be obtained online – the fee is Rs. 67, and you can mail them the papers once you’ve paid.

Service Tax: While hte limit is 10 lakhs from 08-09, you need to register once you cross 9 lakhs.

The registrations increase dramatically when you become a pvt. ltd. company.

By: K K

K K — Thu, 06 Mar 2008 18:01:20 +0000

Recently I was offered a position in a startup. They asked me to sign an NDA that had a Non Competition section in it. Its verbiage was very sweeping in what I cannot do for a period of two years from the time of termination in the future. I did some research on the web on the validity of non competition agreements in India and discovered the following:

http://www.majmudarindia.com/download.php?id_files=37
http://www.thehindubusinessline.com/2002/10/25/stories/2002102502730100.htm
http://www.hindu.com/thehindu/holnus/006200706141110.htm

The questions that I have are:

1) From the point of view of an employee, how much valid are these agreements? What is the worst that can happen if the employee were to violate the agreement before the specified period after termination.

2) From the point of view of an employer, how can he or she protect their “trade secrets” from getting out by an employee who leaves and violates the agreement?

Given the trials and tribulations dealing with Indian courts, what can an employee or employer do?

Thanks!
KK