Saturday 15 August 2020

Business Activities not covered under MSME

 


 

BUSINESS ACTIVITIES NOT COVERED UNDER MSME FOR REGISTRATION

 

Activites (NIC codes) not covered under MSMED Act, 2006 for registration as "Udyam Registration Certificate), while earlier it was called Udyog Aaadhaar Memorandum (UAM).

All enterprises which are doing activities (NIC Code List) are eligible for MSME registration under Udyam.

But there are some activities, which are clearly mentioned by the Ministry of MSME will not be eligible for MSME registration. If any of the mentioned activity is being run by any enterprise, then that enterprise will not be registered under any category of MSME.

 

Below mentioned is the detailed list of activities excluded from MSME eligible activities.

As per office memorandum dated 17th July, 2020 regarding "Udyog Aadhaar Memorandum (UAM)" is replaced with "Udyam Registration Certificate" in the office memorandum dated 27th June 2017 issued by Ministry of Micro, Small & Medium Enterprises with immediate effect. 

Hence as office memorandum issued on 27th June June 2017 applicable for UAM will now applicable for Udyam Registration Certificate.

As per office memorandum dated 27th June 2017 that 

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. 

Sub Section 1 of Section 8 provides that any person who intends to establish a micro or small or medium enterprise engaged in manufacture or production of goods or providing or rendering of services may at his discretion shall file a memorandum of micro, small or medium enterprises in accordance with the provisions of Act. 

Subsequent notification no SO 85(E) dated 10th January, 2017 for registration of Udyog Aadhaar Memorandum for Micro, Small or Medium enterprises.

Subsequent notification no S.O. 2119 (E) dated 26th June, 2020 for classification of enterprises & Udyam Registration for Micro, Small or Medium enterprises.

In this context it is further clarified that the activities in Table 1 below would not be included in the manufacturing or providing services in accordance with Section 7 of the MSMED Act, 2006:-

 

Table 1

NIC Code

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

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.

 

Conclusion:-

It is concluded from above that before going for Udyam registration for MSME check the activity of enterprise. Whether its activity is covered under list of eligible activity for MSME or excluded from the eligible activity by office memorandum mentioned above.

If enterprise activity comes under eligible list then only go for MSME registration under Udyam.


 

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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

Benefits of Udyam Registration

 


BENEFITS OF UDYAM REGISTRATION

 

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. Government has various schemes & plans for development of MSME. Hence to implement these schemes & plans government need to verify the status of 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.

Government provides various benefits to MSME for development of this sector. Hence all the benefits available to MSME can only be obtained after registration under Udyam.

 

All benefits available to MSME are the benefits of Udyam Registration, MSME benefits can be obtained only after Udyam Registration, which are as follow:

Various schemes are being run by Central & State government and to grab the benefits of these schemes Udyam Registration is must.

  1. If you file application for Trademark registration & also registered as MSME then discount of 50% available in applicable fee.

  2. If you file application for patent registration then also subsidized fee is payable.

  3. Every company registered in India is require to report to ROC if make delay of more than 45 days in payment to MSME, hence if you are registered then you will get payment without delay.

  4. Government also provide collateral free loan to MSME & also provide guarantee for MSME.

  5. Banks provide loan to MSME at discounted rate, hence if you are registered under Udyam then rate of interest chargeable for loan will be reduced.

  6. Exemption of 1% interest rate in overdraft.

  7. Government provides a quota for MSME under some tenders issued. Hence higher chance of getting tender if registered under Udyam.

  8. NSIC Registration benefits.

  9. Fee paid for obtaining ISO registration is also reimbursed.

  10. Waiver in security deposit in Government tenders.

 

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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


Friday 14 August 2020

Documents required for Udyam Registration

 


DOCUMENTS REQUIRED FOR UDYAM REGISTRATION

 

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. Government has various schemes & plans for development of MSME. Hence to implement these schemes & plans government need to verify the status of 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.

 

Some important points for Udyam Registration:

1. Any person who intends to establish a micro, small or medium enterprise may file Udyam Registration online on the Udyam Registration portal.

2. No documents, papers, certificate or proof required to upload.

3. On successful registration enterprise will be "Udyam".

4. All registered Udyam will be assigned a permanent identity number "Udyam Registration Number".

5. "Udyam Registration Certificate" shall be issued on successful completion of the registration process.

 

Documents required for Udyam Registration:



Udyam registration is based only on aadhaar number, totally paperless & online process. Hence no document is required to file on Udyam Registration portal. Only the information are required relating to enterprise.

During Udyam Registration process user only need to provide information based on the

Aadhaar Card;

PAN Card; 

Bank Account;

Udyog Aadhar (UAM) certificate if already registered as MSME under UAM;

Hence applicant needs the above documents handy at the time of filing online udyam registration application.

No physical document or soft copy will be required for online udyam registration.

 

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


Tuesday 11 August 2020

Trademark Class List

 


 TRADEMARK CLASS FOR GOODS & SERVICES

 

What is Trademark Class?

According to NICE Classification Trademark is divided into 45 different classes. Out of which 34 classes are for Goods & 11 classes are for services. Government of India also considered these classifications for trademark registration. 

As it is assumed that if there is no classification of goods & anyone registered his/her trademark then no one else can use that mark for any goods or services. 

Hence it restricts others & also it’s not possible for a single person to deal in all products & services. One can be registered in one class & owner of trademark get right for that class only. 

Other can deals in other class products & can get registered for that class. Hence classification of Goods & Services is important.

 

Why should check Trademark Class? 

Before trademark registration, it's also important to check under which class product falls. We should check correct trademark class for following reasons:

1.      Trademark must be applied in correct class otherwise it may be rejected or asked for change in class.

2.      Trademark availability to be checked in that particular class only.

3.      If we deal in products fall under different class then different application need to be filed.

4.   It might be possible that any mark is registered in one class & not registered in other class. Hence that mark can get registered by someone in another class.


TRADEMARK CLASSES FOR GOODS:-

 

 

Class 1

Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed plastics; Fire extinguishing and fire prevention compositions; Tempering and soldering preparations; Substances for tanning animal skins and hides; Adhesives for use in industry; Putties and other paste fillers; Compost, manures, fertilizers; Biological preparations for use in industry and science.

 

 

Class 2

Paints, varnishes, lacquers; Preservatives against rust and against deterioration of wood; Colorants, dyes; Inks for printing, marking and engraving; Raw natural resins; Metals in foil and powder form for use in painting, decorating, printing and art.

 

 

Class 3

Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations.

 

 

Class 4

Industrial oils and greases, wax; Lubricants; Dust absorbing, wetting and binding compositions; Fuels and illuminants; Candles and wicks for lighting.

 

 

 Class 5

Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides.

 

 

 Class 6

Common metals and their alloys, ores; Metal materials for building and construction; Transportable buildings of metal; Non-electric cables and wires of common metal; Small items of metal hardware; Metal containers for storage or transport; Safes.

 

 

 Class 7

Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines.


 

Class 8

 

Hand tools and implements, hand-operated; Cutlery; Side arms, except firearms; Razors.

 

 Class 9

Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded and downloadable media, computer software, blank digital or analogue recording and storage media; Mechanisms for coin-operated apparatus; Cash registers, calculating devices; Computers and computer peripheral devices; Diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; Fire-extinguishing apparatus.

 

 

 Class 10

Surgical, medical, dental and veterinary apparatus and instruments; Artificial limbs, eyes and teeth; Orthopaedic articles; Suture materials; Therapeutic and assistive devices adapted for persons with disabilities; Massage apparatus; Apparatus, devices and articles for nursing infants; Sexual activity apparatus, devices and articles.

 

 Class 11

Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.

 

Class 12

Vehicles; Apparatus for locomotion by land, air or water.

 

Class 13

Firearms; Ammunition and projectiles; Explosives; Fireworks.

 

Class 14

Precious metals and their alloys; Jewellery, precious and semi-precious stones; Horological and chronometric instruments.

 

Class 15

Musical instruments; Music stands and stands for musical instruments; Conductors' batons.

 

 

 Class 16

Paper and cardboard; Printed matter; Bookbinding material; Photographs; Stationery and office requisites, except furniture; Adhesives for stationery or household purposes; Drawing materials and materials for artists; Paintbrushes; Instructional and teaching materials; Plastic sheets, films and bags for wrapping and packaging; Printers' type, printing blocks.

 

 

Class 17

Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; Plastics and resins in extruded form for use in manufacture; Packing, stopping and insulating materials; Flexible pipes, tubes and hoses, not of metal.

 

 

Class 18

Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery; Collars, leashes and clothing for animals.

 

 

Class 19

Materials, not of metal, for building and construction; Rigid pipes, not of metal, for building; Asphalt, pitch, tar and bitumen; Transportable buildings, not of metal; Monuments, not of metal.

 

 

Class 20

Furniture, mirrors, picture frames; Containers, not of metal, for storage or transport; Unworked or semi-worked bone, horn, whalebone or mother-of-pearl; Shells; Meerschaum; Yellow amber.

 

 

Class 21

Household or kitchen utensils and containers; Cookware and tableware, except forks, knives and spoons; Combs and sponges; Brushes, except paintbrushes; Brush-making materials; Articles for cleaning purposes; Un-worked or semi-worked glass, except building glass; Glassware, porcelain and earthenware.

 

 

 Class 22

Ropes and string; Nets; Tents and tarpaulins; Awnings of textile or synthetic materials; Sails; Sacks for the transport and storage of materials in bulk; Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; Raw fibrous textile materials and substitutes therefor.

 

Class 23

Yarns and threads, for textile use.

 

 Class 24

Textiles and substitutes for textiles; Household linen; Curtains of textile or plastic.

 

Class 25

Clothing, footwear, head wear.

 

 

Class 26

Lace, braid and embroidery, and haberdashery ribbons and bows; Buttons, hooks and eyes, pins and needles; Artificial flowers; Hair decorations; False hair.

 

 Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings, not of textile.

 

 Class 28

Games, toys and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees.

 

 

Class 29

Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk, cheese, butter, yogurt and other milk products; Oils and fats for food.

 

 

Class 30

Coffee, tea, cocoa and artificial coffee; Rice, pasta and noodles; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery; Chocolate; Ice cream, sorbets and other edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt, seasonings, spices, preserved herbs; Vinegar, sauces and other condiments; Ice [frozen water].

 

 

Class 31

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Malt.

 

 

Class 32

Beers; Non-alcoholic beverages; Mineral and aerated waters; Fruit beverages and fruit juices; Syrups and other non-alcoholic preparations for making beverages


 Class 33

Alcoholic beverages, except beers; Alcoholic preparations for making beverages.

 

Class 34

Tobacco and tobacco substitutes; Cigarettes and cigars; Electronic cigarettes and oral vaporizers for smokers; Smokers' articles; Matches.

 

 

TRADEMARK CLASSES FOR SERVICES:-

 

Class 35

Advertising; Business management; Business administration; Office functions.

 

Class 36

Insurance; Financial affairs; Monetary affairs; Real estate affairs.

 

 Class 37

Construction services; Installation and repair services; Mining extraction, oil and gas drilling.

 

Class 38

Telecommunications services.

 

Class 39

Transport; Packaging and storage of goods; Travel arrangement.

 

Class 40

Treatment of materials; Recycling of waste and trash; Air purification and treatment of water; Printing services; Food and drink preservation.

 

Class 41

Education; Providing of training; Entertainment; Sporting and cultural activities.

 

 

 Class 42

Scientific and technological services and research and design relating thereto; Industrial analysis, industrial research and industrial design services; Quality control and authentication services; Design and development of computer hardware and software.

 

Class 43

Services for providing food and drink; Temporary accommodation.

 

 Class 44

Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Agriculture, aquaculture, horticulture and forestry services.

 

 Class 45

Legal services; Security services for the physical protection of tangible property and individuals; Personal and social services rendered by others to meet the needs of individuals.


 

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