Sunday 25 October 2020

What are the documents Required for Trademark Registration?






When brand name or trademark is finalized. Next step to file an application is to arrange the required documents & information. 

Following are the minimum required information & documents for trademark application. On the basis of these information application is prepared & filed with department to proceed for registration.  


Information & Documents required for Trademark registration?

1. Applicant Name (Individual/Firm/Partnership/Company).

2. Applicant Address along with PIN Code.

3. Nationality of applicant.

4. Category of Applicant.

5. Email id of Applicant.

6. Mobile no of Applicant.

7. MSME/Startup Registration Certificate (if any, to reduce application fee.)

8. Trade Mark /Brand Name/Logo (if designed then soft copy in JPG Format).

9. Goods / Services in respect of which applicant desire to secure registration.

10. If applicant using the trademark/brand name from earlier date then proof & date of use.


Mobile App to maintain your warranty documents

DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM


Saturday 19 September 2020

How to verify Udyog Aadhaar?

 



HOW TO VERIFY UDYOG AADHAAR?


What is Udyog Aadhaar?


Udyog Aadhaar is a system introduced by the Ministry of Micro Small Medium Enterprises to assign status of micro, small or medium to enterprises in India. UAM Certificate is issued to enterprise on the basis of self declaration & information provided.

W.E.F 01st July 2020 UAM is discontinued & introduced Udyam registration system, government can easily identify the updated status of enterprise under Udyam. 

Sometimes we have to verify authenticity of Udyog Aadhaar. Whether its authentic or not. Below mentioned is the process to verify Udyog Aadhaar. 

Process to verify Udyog Aadhaar?


Sometimes we need to verify the UAM registration detail. It might be any reason.

As we need the UAM registration number to verify the details.


 
  1. Visit the webpage https://udyamregistration.gov.in/UA/UA_VerifyUAM.aspx
  2. Enter 12 digit UAM No. (i.e. DL05A0000001)
  3. Enter Valid Verification Code as given in Captcha Image.
  4. Verification Code is case sensitive.
  5. Click on Verify Button. 
  6. Udyog Aadhaar data will be available to verify.

Glovia Beauty Zone


DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM 

Sunday 13 September 2020

How to recover Udyam Registration Number?

 


HOW TO RECOVER UDYAM OR UAM REGISTRATION NUMBER, IF FORGET .


What is Udyam Registration?


Udyam registration is a new system introduced by the Ministry of Micro Small Medium Enterprises to assign status of micro, small or medium to enterprises in India. On the basis of investment in plant & machinery and turnover during the last financial year status is assigned to enterprises. 

Hence by introducing Udyam registration system, government can easily identify the updated status of enterprise. Whether fall under micro, small or medium category & accordingly provide the benefit to enterprise.

Hence we can say in simple words Udyam registration is a system developed by government to identify the updated status of each enterprise automatically by getting information from income tax & GSTN portal.

Forgot UAM/Udyam Registration Number?


                                             Sample Certificate


Sometimes we forget the Udyam/UAM registration detail. Hence its difficult for us to generate new certificate or edit in the existing detail of Udyam Registration.

As we need the Udyam/UAM registration number to get Udyam Registration certificate again & to edit its detail as well.

We can recover the Udyam Registration number easily by following the below mentioned steps.

To recover Udyam or MSME Registration Number follow these steps:-

 
  1. Visit the webpage https://udyamregistration.gov.in/ForgotRegNo.aspx
  2. Choose any one option for OTP ( One Time Password ) from Mobile or email as filled at the time of registration.
  3. Enter Mobile/Email as selected above.
  4. After clicking on 'Validate & Generate OTP' button, you will receive OTP on Selected Option.
  5. Enter OTP as received and click on 'Validate OTP' button. 
  6. When your entred OTP matches successfully, you will get all registered numbers.

DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM                                       

Wednesday 9 September 2020

How to Update Udyam Registration Certificate?

 


HOW TO UPDATE UDYAM REGISTRATION CERTIFICATE?


What is Udyam Registration?


Udyam registration is a new system introduced by the Ministry of Micro Small Medium Enterprises to assign status of micro, small or medium to enterprises in India. On the basis of investment in plant & machinery and turnover during the last financial year status is assigned to enterprises. 

Hence by introducing Udyam registration system, government can easily identify the updated status of enterprise. Whether fall under micro, small or medium category & accordingly provide the benefit to enterprise.

Hence we can say in simple words Udyam registration is a system developed by government to identify the updated status of each enterprise automatically by getting information from income tax & GSTN portal.

How to update Udyam Registration Certificate?

Sample Certificate

If Udyam Registration Certificate issued & later on if you wish to make any changes in it, i.e. in NIC code, Name, Address or any other detail. 

Then you need to update the same on Udyam Registration Portal. Below is the process to update the same.


To update Udyam Registration certificate following steps need to be followed:-

 

  1. Enter your Udyam Registration Number for your enterprise.
  2. Choose any one option for OTP ( One Time Password ) from Mobile or email.
  3. After clicking on 'Generate OTP' button, you will receive OTP on Selected Option.
  4. Enter OTP as received and click on 'Validate OTP & Login' button. 
  5. When your entred OTP matches successfully, you will be Login to Udyam Portal with update option.
  6. Now you will see the existing details of Udyam Registration with an option to edit detail.
  7. Click on Edit Tab.
  8. Now update whatever detail to be updated.
  9. After filling updated information click on the Update Tab at last.
  10. Now Udyam Registration Certificate is updated.


DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM                                       

Tuesday 8 September 2020

AGM DUE DATE FOR 2020 EXTENDED BY ROC

 



ROC EXTENDED DUE DATE OF AGM

 

As different ROC (Delhi, Jaipur, Mumbai, Kanpur, Ahmedabad, Bengaluru) issued order for extension of AGM for the financial year ended 31st March, 2020 for Three months upto 31st December 2020 without seeking any extension in GNL-1. Also expect other ROC will issue the same order soon.

 

As per Section 96(1) of the Companies Act, 2013 ROC has the power to extend the period of any AGM in special cases for period not exceeding three months. Hence different ROC issued this order.

 

It is also clarified under the order that the extension under this order shall cover

  1. Pending Applications filed in Form no GNL-1 for the extension of AGM for the financial year ended on 31st March 2020, which are yet to be approved;
  2. Applications filed in Form No GNL-1 for the extension of AGM for the financial year ended on 31st March 2020, which were rejected.

 

Below is the excerpt of such order issued by different ROC:

 

As per sub-section (1) Section 96 the Companies Act, 2013

1.   Every Company other than a One person company, shall in each year hold in addition to any other meeting, a general meeting as its annual general meeting (AGM) and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one AGM of a company and that of the next;

 

2.    And whereas, the first proviso to sub-section (1) of section 96 of the Act provides that in case of the first AGM, it shall be held within a period of nine months from the date of closing of the first financial year of the company and in any other case, within a period of six months, from the date of closing of the financial year;

 

3.   And whereas, the third proviso to Section 96(1) of the Act provides that the Registrar may, for any special reason, extend the time within which any annual general meeting, other than the first annual general meeting, shall be held, by a period not exceeding three months;

 

4.  And whereas, various representations have been received from the Companies, industry bodies and Professional Institutes pointing out that several companies are finding difficult to hold their AGM for the financial year ended 31st March 2020 due to the difficulties faced in view of the COVID19 Pandemic;

 

5.   And whereas, the representations have been considered and the undersigned is of the considered opinion that due to such unprecedented special reason, the time within which the AGM for the financial year ended on 31st March, 2020 is required to be held as per provisions of sub-section (1) of Section 96 ought to be extended in terms of the third proviso to section 96(1);

 

6.  Now, therefore, in terms of power vested with the undersigned under the third proviso to sub-section (1) of section 96 of the Act, I hereby extend the time to hold the AGM, other than the first AGM, for the financial year ended on 31st March 2020 for companies within the jurisdiction of this office, which are unable to hold their AGM for such period within the due date of holding the AGM by a period of three months from the due date by which the AGM ought to be have been held in accordance with the provisions of sub-section (1) to section 96 of the Act, without requiring the companies to file applications for seeking such  extension by filing the prescribed form no GNL-1.

 

Explantion: It is hereby clarified that the extension granted under this order shall also cover the;

    1. Pending Applications filed in Form no GNL-1 for the extension of AGM for the financial year ended on 31st March 2020, which are yet to be approved;
    2. Applications filed in Form No GNL-1 for the extension of AGM for the financial year ended on 31st March 2020, which were rejected.

 

Where the approval for extension of AGM upto 3 months from the due date of the AGM shall be deemed to have been granted by the undersigned without any further action on the part of the company.



Mobile Application to Manage Warranty Documents

DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM

Business comes under MSME




BUSINESS COMES UNDER MSME

 

To check which type of business or industry comes under MSME?

 

We will have to check the NIC Classification List 2008 (NIC Code 2008) as available on Udyam Registration portal & also official memorandum issued on 27th June 2017.

 

In NIC code list most of the activities are eligible for MSME as manufacturer or service provider.

 

But as per office memorandum issued on 27th June 2017 clarified that the activities in Table 1 below would not be included in the manufacturing or services in accordance with Section 7 of the MSMED Act, 2006:-

 

Activities (NIC codes) not covered under MSMED Act, 2006 for registration as MSME:

 

Table 1

NIC Code

Business Activity

02

Forestry and logging

03

Fishing and aquaculture

45*

Wholesale and retail trade and repair of motor vehicles and motorcycles

46*

Wholesale trade except of motor vehicles and motor cycles 47

47*

Retail Trade except of Motor Vehicles and motor cycles

97

Activities of household as employees for domestic personnel

98

Undifferentiated goods and services producing activities of private households for own use

99

Activities of extraterritorial organization and bodies

 

 * As per Ministry of MSME's Office Memorandum dated 2nd July, 2021 has decided to include Retail and Wholesale trade as MSMEs for the limited purpose of Priority Sector Lending and they would be allowed to be registered on Udyam Registration Portal for the NIC Codes 45, 46 & 47 and activities mentioned as above.


The NIC 2 digit activity 01 – crop, animal production, hunting and related activities would also not be included as per Section 7 of the Act except for the sub-classes of activities as 5-digit level given in Table 2 below:

 

Table 2

NIC Code

Business Activity

01462

Production of eggs

01463

Operation of poultry hatcheries

01492

Bee-keeping and production of honey and beeswax

01493

Raising of silk worms, production of silk worm cocoons

01612

Operation of agricultural irrigation equipment

01620

Support activities for animal production

01631

Preparation of crops of primary markets i.e. cleaning, trimming, grading disinfecting

01632

Cotton ginning, cleaning and bailing

01633

Preparation of tobacco leaves

01639

Other post-harvest crop activities, n.e.c

01640

Seed processing for propagation

 

 

Activities mentioned in Table 2 above are covered for MSME registration.

 

Sub Section 1 of Section 7 of Micro Small or Medium Enterprises Development Act, 2006 provides for classification of enterprises engaged in manufacturing or production of goods as well as enterprises engaged in providing or rendering of services as micro, small or medium based on investment in plant and machinery and equipment respectively.

 

Classification of MSME enterprises (Whether Manufacturer or Rendering Services, Both have same criteria now)

 

An enterprise shall be classified as micro, small or medium enterprise on the basis of following criteria:

 

Micro

 

Where the investment in plant & machinery or equipment does not exceed ONE Crore rupees AND turnover doesn't exceed FIVE Crore rupees.

Small

 

Where the investment in plant & machinery or equipment does not exceed TEN Crore rupees AND turnover doesn't exceed FIFTY Crore rupees.

 

Medium

 

Where the investment in plant & machinery or equipment does not exceed FIFTY Crore rupees AND turnover doesn't exceed TWO HUNDRED & FIFTY Crore rupees.

 

 

Composite criteria of investment and turnover shall apply for classification of an enterprise as micro, small or medium.

 

CONCLUSION:


After above it is concluded that to check whether business comes under MSME.

First Check the Activities are not fall under excluding activities as per Official Memorandum dated 27th June 2017


AND


Investment or Turnover criteria should be within the limit as prescribed under Classification of enterprises for MSME.

 

If both above conditions are fulfilled then business/industry will come under MSME.


Mobile App to Manage Warranty Documents

 

DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM