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Revival of a struck off company: Process of Restoring Struck Off Companies

Revival of a struck off company: How to Restoring Struck Off Companies? , Empower Legal: Corporate Law firm | Company Lawyers 24/7 Attorney Near Me

The Revival of Struck Off Company is indeed a process in which a company that was struck off by the Registrar of Companies can be revived. Of course, This is a substitute for winding up the business. Of course, it is possible for a period of twenty years following the strike off date.

The revival of a struck off company is a crucial process in the corporate landscape of India. Companies that have been struck off the register face significant legal and operational challenges. Empower Legal, a prominent corporate law firm, specializes in assisting companies in this complex revival process. In this article, we will explore the concept of striking off, the consequences it entails, and the legal provisions and procedures for reviving a struck off company.

Understanding the concept of striking off

Striking off refers to the process of removing a company’s name from the official register maintained by the Registrar of Companies (RoC). This action signifies the loss of legal existence for the company. Striking off can occur due to various reasons, such as non-compliance with statutory requirements, long-term inactivity, or failure to file annual returns and financial statements.

Consequences of company strike off

When a company is struck off, it ceases to exist as a legal entity. The implications of this are far-reaching. The company loses its ability to enter into contracts, sue or be sued, or undertake any business activities. Additionally, directors and shareholders may face personal liabilities for the company’s obligations and may be disqualified from holding similar positions in other companies.

Legal provisions for company revival

In India, the revival of a struck off company is under the governance of the Companies Act, 2013, and the procedures set by the National Company Law Tribunal (NCLT). These provisions outline the necessary steps and requirements for the revival process, ensuring transparency and accountability.

Revival of a struck off company: Process of Restoring Struck Off Companies
Revival of a struck off company: Process of Restoring Struck Off Companies

Grounds for Revival of struck off company

The grounds for revival of a company are:

One of the main grounds for the restoration of a company is that it was formed for general public interest. In addition, The company would not have been established as a shell without being in compliance with various laws. Accordingly, This is a legal basis for the restoration of a company. In fact, it has been used in many cases in the past.

Another reason for the restoration of a company is that its members were disqualified by the Registrar and it was not in compliance with the Companies Act. This is another legal basis for the restoration of a company and it is applied in many cases during recent times.

Is your company has been struck off on the ground of non-compliance with the Registrar of Companies? In any case, You can be restore it by filing an appeal or application to the Registrar in Form No. NCLT 9 and providing a demand draft of 1000 rupees as fees with the petition.

To initiate the revival process, you must file an application in the NCLT. The application should provide valid reasons justifying the revival, such as rectifying inadvertent non-compliance, resolving legal disputes, or reinstating business operations. The NCLT carefully evaluates each case before deciding on the revival.

Methods for Revival of struck off company

Do you need Revival of struck off company? Firstly, You must first file an appeal or application to the Registrar of Companies. Moreover, You can do this if the company has been struck off. This is because of non filing of financial statements and annual returns for a continuous period of three years. Resolve it, If the company has been disqualified by the Registrar or on a number of other grounds as a matter of fact.

Who Can Apply for the Revival of the Company?

Firstly, You can apply to the Registrar of Companies for revival if you are a member or creditor of the Company. The applicant can also be a workman, or someone who has an employment in the Company.

Revival procedure

The revival procedure involves a series of steps and interactions with the NCLT. Firstly, the applicant must file an application with the necessary documents, including financial statements, board resolutions, and any pending legal proceedings related to the company. The NCLT then examines and verifies the application to ensure compliance with legal requirements.

After the completion of the application, you will get a hearing schedule before the NCLT. During the hearing, the applicant presents their case, and the NCLT evaluates the merit of the revival request. The NCLT’s decision is based on factors such as the company’s willingness to settle outstanding liabilities, compliance history, and prospects of revival.

Conditions and requirements for revival

The successful revival of a struck off company is subject to fulfilling certain conditions and requirements. Clearing outstanding liabilities, including taxes, loans, and other dues, is a fundamental prerequisite. Additionally, the company must demonstrate a commitment to comply with all legal and regulatory obligations, such as filing annual returns, conducting regular audits, and maintaining proper corporate governance practices.

Role of professionals in company revival

Given the intricacies involved in the revival process, engaging a corporate law firm like Empower Legal becomes crucial. Corporate law firms possess the expertise and experience to navigate the legal complexities and ensure a smooth revival. These professionals provide expert advice, guide companies through the necessary procedures, and advocate for their clients’ interests before the NCLT.

Revival of struck off Challenges and complexities

Reviving a struck off company is not without its challenges. Legal disputes, pending litigation, and unresolved financial matters can complicate the revival process. Resolving these issues requires meticulous attention to detail, effective negotiation skills, and extensive legal knowledge. Additionally, reinstating assets, contracts, and business relationships requires careful coordination and diligent efforts.

Benefits of reviving a struck off company

Despite the challenges, reviving a struck off company offers several benefits. Firstly, it restores the legal existence and credibility of the company, enabling it to resume business operations. Revival also allows the company to safeguard its brand, intellectual property, and market position, which are otherwise at risk after striking off. Moreover, revived companies can protect the interests of their directors and shareholders and maintain their financial stability.

Case studies of successful revivals

Several companies have successfully revived their operations after being struck off. One such example is a Pvt. Ltd., a manufacturing company that faced strike off due to inadvertent non-compliance. Through diligent efforts, that Pvt. Ltd. rectified the compliance issues, settled outstanding dues, and successfully revived its business operations.

Another noteworthy example is a software development firm that encountered legal disputes and financial difficulties leading to strike off. With the assistance of Empower Legal, that software development firm successfully resolved the disputes, paid off outstanding debts, and revived its operations, becoming a thriving software solutions provider once again.

Revival of struck off Trials and Hearing by Tribunal:

The Tribunal will hear the Appeals by summoning both parties to a trial and hearing. NCLT will hear the both parties and consider and their arguments. Meanwhile, Is the Tribunal satisfied after hearing both sides? Then, it will order the company’s name to be restored in the ROC records.

Rajendra Law Office is the Best Lawyers for the Revival of Struck Off Company

The legal team at Rajendra Law Office has been helping clients with the revival of their struck-off companies for over three years. Lastly, They have extensive experience in addressing the issues involved with the Registrar of Companies and other government authorities.

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We have helped revive over 1.63 lakh companies, with a lot of success. We can help you revive your company with ease and speed. Contact us today! We look forward to hearing from you.

Conclusion

The revival of a struck off company in India is a critical process that requires a comprehensive understanding of legal provisions, diligent compliance, and expert guidance. Empower Legal, a leading corporate law firm, specializes in assisting companies in this revival journey. By taking timely action, engaging professionals, and adhering to legal requirements, struck off companies can regain their legal existence and continue their business operations. Empower Legal’s expertise in company revival makes them a valuable partner for companies seeking to navigate the complexities and challenges associated with revival.

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Comprehensive Corporate Legal Support in Chennai: Safeguard Your Business Interests

"Comprehensive Corporate Legal Support in Chennai: Safeguard Your Business Interests"

Corporate legal support encompasses a range of services designed to assist companies in navigating the complex legal landscape and safeguarding their interests.

Here are some key features of legal support services for corporate and the benefits they offer to companies:

  1. Legal Compliance: Corporate legal support ensures that your company adheres to all applicable laws, regulations, and industry standards. This helps you avoid legal pitfalls, penalties, and reputational damage by ensuring your operations are in full compliance.
  2. Contract Drafting and Review: Legal professionals provide expertise in drafting, reviewing, and negotiating contracts. This helps protect your company’s interests, minimize risks, and ensure that contractual obligations are clear and enforceable.
  3. Corporate Governance: Legal Services ensures that your company follows proper corporate governance practices, including board meetings, shareholder agreements, and regulatory filings. This fosters transparency, accountability, and good corporate citizenship.
  4. Intellectual Property Protection: Legal professionals assist in safeguarding your company’s intellectual property rights, including trademarks, copyrights, and patents. This protects your unique assets and helps maintain a competitive edge in the market.
  5. Risk Management: Corporate legal support helps identify potential legal risks and develops strategies to mitigate them. This proactive approach minimizes the likelihood of legal disputes, litigation, and financial liabilities, saving your company valuable time and resources.
  6. Dispute Resolution: Legal professionals provide guidance and representation in resolving commercial disputes, whether through negotiation, mediation, or litigation. This helps protect your company’s interests and reputation while seeking timely and cost-effective resolutions.
  7. Mergers and Acquisitions (M&A): Legal support plays a crucial role in M&A transactions by conducting due diligence, negotiating agreements, and ensuring compliance with regulatory requirements. This helps facilitate smooth transactions and mitigates risks associated with mergers and acquisitions.

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Lawyer fees: The Best Corporate Attorneys in Chennai

comprehensive guidance and expertise

In summary, corporate legal support offers comprehensive guidance and expertise in various legal aspects of your business. It ensures legal compliance, minimizes risks, protects your company’s interests, and provides valuable support in critical areas such as contracts, intellectual property, governance, risk management, and dispute resolution. By availing these services, you can focus on your core business activities while having peace of mind that your legal needs are being handled by professionals.

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Appeal Against a Private Limited Company Strike Off in India

Appeal Against a Private Limited Company Strike Off in India

What is an Appeal Against a Private Limited Company Strike Off in India? If your private limited company has been struck off by the Registrar of Companies (ROC), you may have the option to appeal the decision. It is essential to act quickly, as there is typically a limited window of time to file an appeal. The process can be complex and involves navigating legal requirements and deadlines. Seeking the guidance of an experienced attorney from Empower Legal: Corporate Law Firm can help you understand your options and take the necessary steps to appeal the decision.

How to Appeal Against a Private Limited Company Strike Off in India

When a company is struck off by the Registrar of Companies (ROC) in India, it has the option to appeal against this decision. The Registrar is empowered under Section 248 of the Companies Act, 2013 to strike off a company that has defaulted or has been defunct. It also has the power to disqualify directors under the same Act.

The ROC is empowered to strike off a Company on a variety of grounds including non-compliance with filing requirements or lack of a business or operation. The ROC can remove the Company’s name from the company’s register of companies as well as issue a notice in the official gazette.

A stricken off company has the right to revive under Section 252 of the Companies Act, 2013. The restoration of a company can be done through the National Company Law Tribunal (NCLT).

Grounds for Appeal against a Private Limited Company Strike Off in India

One of the most common reasons why a strike off order is issued is when a company fails to file its annual returns and financial statements for a continuous period of two years or more. In late 2017, the Ministry of Corporate Affairs struck off around 2 lakh companies on this basis.

There are also a number of other grounds that a company can claim for the revival of its name. These include general public interest, the existence of a legal right to reinstate a company’s name, or the ability to comply with certain filing obligations.

Documents Required for the Revival of Struck Off Companies

To revive a struck-off company, you must provide evidence of its ongoing operation. This evidence could include active transactions in the company’s bank statements or any documentation demonstrating its continued business activities. This proof is crucial for the company’s revival process.

Once you have all of this, you’ll need to file an application for the revival of your struck off company with the National Company Law Tribunal (NCLT). The NCLT will schedule a hearing for the revival application. During the hearing, they will decide if restoration should occur.

The Tribunal will then make an order for the revival of your company. The order’s publication occurs in the official gazette. After publication, you must submit a certified copy of the order. The submission goes to the Registrar of Companies. This action must be completed within 30 days from the publication date.

The revival of a strike off company is a complex process that takes some time and requires a lot of planning. To start the process, you will need to find a good law firm that handles these types of cases regularly.

A reputable law firm with experienced lawyers can guide you through this complex process. This increases your chances of winning and restoring your company’s name. You must grasp the legal nuances to maximize your chances of success.

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Contact Top Corporate Lawyers

In conclusion, appealing against a private limited company strike off in India can be a complicated and time-consuming process. It requires expert legal guidance and support to navigate through the legal proceedings and ensure a favorable outcome. Contact Empower Legal: Corporate Law Firm for experienced, knowledgeable corporate lawyers who will protect your rights. Reach out today to schedule a consultation and resolve your company’s strike-off issue.

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Information Technology Act in India: The Best Legal Support

Information Technology Act in India: Rajendra Corporate Law firm | Corporate Attorneys & Cyber Lawyers near Me Company Lawyers 24/7, Contact Address, Phone Numbers

Rajendra Corporate Law Firm provides comprehensive legal services to companies requiring help. Information Technology Attorneys in this Law firm navigate the complexities of the Indian IT Act and resolve the issues. This is a team of experienced cyber attorneys and Information Technology lawyers. They provide top-notch IT act litigation services to multinational companies operating in Chennai. Our firm is popular throughout the region and is highly ranked among leading law firms.

The Information Technology Act covers offenses involving computers, computer systems, or computer networks in India. It also makes acts like hacking, data theft, spreading of computer viruses, identity theft, defamation (sending offensive messages), pornography, child pornography, and cyber terrorism criminal offenses. The Act also gives legal validity to electronic contracts and recognition of electronic signatures.

Intermediaries Required to Maintain Records

Under the Information Technology Act, intermediaries (e-commerce websites, social media platforms, etc.) are a basic need to keep certain records for a certain period of time at the disposal of law enforcement agencies. Failure to comply with this requirement is a violation of the Act and can lead to fines or imprisonment.

How to Choose the Best Attorney?

There are a number of different factors that can determine the quality of the Information Technology Act Attorneys. One of the most important factors is experience. An experienced attorney will be able to provide advice on the best course of action for your specific situation.

A good attorney will be familiar with the latest laws that apply to technology. Moreover, they will have an understanding of how they affect their client’s business. This will help you ensure that your business is not violating the IT Act. By the way, this will also save you from paying costly penalties.

Senior Advocate Fees for Documentation

The Legal Services for Information Technology Act in India have become increasingly important for organizations of all sizes. As a rule, lawyers should charge fees that are fair and reasonable. This is especially true if they are dealing with high-profile cases or complicated issues.

However, this can vary from attorney to attorney. The most experienced Corporate attorneys will be able to advise you on what is fair and reasonable for your particular situation. Of course, they may recommend a specific rate for the type of work they are handling.

There are a number of factors that can determine the quality of Information Technology Act Attorneys. Some of these include the amount of experience they have and their reputation within the industry. It is also important to look at the size of their firm.

The largest firms in the country typically have a lot of Information Technology Act Lawyers. This can mean that they are able to offer a greater variety of services.

These firms are often able to handle mandates across a range of industries and practice areas. This includes tech, media, and gaming. They can also assist in legal challenges against regulators. In fact, they defend companies that are facing negative publicity or are being accused of a crime.

How to Choose the Best Information Tech Lawyer?

There are many different firms that specialize in the Information Technology Act. Moreover, each of them is likely to be able to provide you with excellent legal service. Some of these firms are based in large cities, while others are located in smaller towns.

Some of the best Law firms are based in the Chennai region. Finally, These Legal firms are able to provide clients with the best possible service and can help them avoid IT legal problems.

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Foreign exchange Litigation: How to find the Best Legal Support?

Foreign exchange Litigation: How to find the Best Legal Support? , Rajendra Corporate Law firm | Company Lawyers 24/7 Attorney Near Me Contact Address

How to find reliable Foreign Exchange Lawyers in Chennai, India. Firstly, Who can provide legal services related to foreign currency transactions to individuals, businesses, and financial institutions? Without a doubt, How to find the Best Legal Support?

Mainly, Some of the common legal services offered by FEMA lawyers in Chennai include:

  1. Compliance: Foreign exchange lawyers in Chennai can help clients ensure compliance with relevant laws and regulations related to foreign currency transactions. This includes compliance with the Foreign Exchange Management Act (FEMA) and the Reserve Bank of India (RBI) regulations.
  2. Contract negotiation: Corporate lawyers can assist clients in negotiating contracts related to foreign currency transactions. In fact, They can help draft contracts that comply with legal requirements and protect clients’ interests.
  3. Regulatory issues: FEMA Advocates in Chennai can advise clients on legal and regulatory issues related to foreign currency transactions. Moreover, They can help clients understand their legal obligations and assist in navigating the regulatory landscape.
  4. Dispute resolution: foreign exchange Attorneys in Chennai can represent clients in disputes related to foreign currency transactions. Meanwhile, This includes litigation and arbitration.
  5. International trade: FEMA Lawyers can provide legal assistance in matters related to international trade, including drafting contracts, advising on legal issues, and resolving disputes.

Reach out to law firms that specialize in foreign currency transactions issues

To avail of the services of foreign exchange lawyers in Chennai, one can reach out to law firms that specialize in this area or individual lawyers who have expertise in foreign currency transactions. Finally, It is advisable to choose a lawyer or law firm that has experience in handling similar cases and a good reputation in the industry.

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Removal of Directors Disqualification: Expert Legal Services

Removal of Directors Disqualification , Empower Legal: Corporate Law firm | Company Lawyers 24/7 Attorney Near Me Contact Address, Phone #

Welcome to Empower Legal, your trusted partner in providing legal services for the removal of directors’ disqualification. As a leading corporate law firm with a team of experienced and skilled company lawyers, we understand the critical role that directors play in the success of a company. Our dedicated legal services aim to assist directors facing disqualification challenges and help them navigate through complex legal procedures to restore their eligibility.

Directors’ disqualification can have severe consequences on their professional career and the company’s operations. At Empower Legal, we specialize in handling disqualification cases, providing expert legal consultation and guidance throughout the process. Our team of seasoned attorneys is well-versed in the provisions of Section 164(2) of the Companies Act, 2013, and we ensure strict compliance with the National Company Law Tribunal (NCLT) requirements.

Empower Legal takes pride in its success stories and past achievements, helping directors overcome disqualification hurdles and regain their position in companies. Trust us to handle your case with utmost dedication, ensuring minimal disruption to your business operations while safeguarding your legal interests. Let Empower Legal empower you to navigate the path of disqualification removal with confidence and clarity.

Introduction

Directors play a crucial role in the functioning of a company, and their disqualification can have significant repercussions on both the individual and the business. Understanding the provisions of Section 164(2) of the Companies Act, 2013 is essential to comprehend the grounds and consequences of directors’ disqualification.

Understanding Directors Disqualification

Directors disqualification is a legal process where a director is barred from holding the position due to certain specified reasons. In fact, This provision aims to ensure the integrity and credibility of company management.

Importance of Directors in a Company

Directors are responsible for making critical decisions that impact the company’s growth and profitability. Meanwhile, Their expertise, experience, and leadership are instrumental in guiding the company towards success.

Section 164(2) of the Companies Act, 2013

Section 164(2) of the Companies Act, 2013 lays down the provisions for directors’ disqualification. Moreover, This section outlines the grounds on which a director can be disqualified from holding the position in a company.

Reasons for Directors Disqualification

Directors may face disqualification for various reasons, including:

  • Non-filing of Financial Statements and Annual Returns
  • Non-compliance with Companies Act Provisions
  • Undisclosed Insolvency
  • Criminal Convictions
  • Failure to Repay Deposits

Consequences of Disqualification

When a director is disqualified, they are prohibited from being appointed or re-appointed as a director in any company for the duration of the disqualification period. In any case, This can severely impact their professional career and reputation.

Grounds for Removal of Disqualification

While directors disqualification can have serious implications, there are legal provisions for the removal of disqualification. Some grounds for removal include:

Resignation or Retirement of Directors

If the director resigns or retires from the company, the disqualification may be lifted.

Filing of Overdue Financial Statements

Directors can apply for disqualification removal after filing the overdue financial statements and annual returns.

Court Order for Removal of Disqualification

Directors can approach the National Company Law Tribunal (NCLT) for removal of disqualification through a court order.

The removal of directors’ disqualification involves a series of legal procedures:

Directors’ Petition to the National Company Law Tribunal (NCLT)

Firstly, The director must file a petition with the NCLT seeking removal of disqualification.

Submission of Relevant Documents and Information

Secondly, The director must provide all relevant documents and information to support the case.

Representation Before NCLT

The director may need to appear before the NCLT and present their case.

NCLT Decision and Removal of Disqualification

The NCLT will examine the case and make a decision on whether to remove the disqualification or not.

Empower Legal, a renowned corporate law firm, indeed plays a crucial role in helping directors resolve disqualification issues:

Expertise in Corporate Law Matters

Empower Legal’s team of skilled lawyers have in-depth knowledge of corporate law and extensive experience in handling disqualification cases.

The firm provides expert legal advice and guidance to directors seeking disqualification removal.

Navigating NCLT Proceedings

Empower Legal assists directors in navigating the complex NCLT proceedings and representing their interests effectively.

Challenges and Precautions

Directors may face various challenges during the disqualification removal process:

The legal procedures involved in disqualification removal can be complex and time-consuming.

Ensuring Compliance with NCLT Requirements

Directors must ensure strict compliance with the NCLT’s requirements and deadlines.

Timeframe and Document Preparation

The director must be prepared to meet the required timeframe and submit all relevant documents promptly.

Success Stories and Case Studies

Empower Legal showcases its past success stories and case studies to demonstrate its proficiency in resolving directors’ disqualification:

Highlighting Past Cases and Outcomes

The firm presents successful cases where directors’ disqualification was removed.

Testimonials from Clients

Clients’ testimonials speak of Empower Legal’s commitment and dedication in handling disqualification cases.

Directors can benefit significantly from engaging professional legal services for disqualification removal:

Minimizing Disruption to Business Operations

By removing disqualification, directors can continue to contribute to the company’s growth without interruption.

Restoring Director’s Eligibility to Serve in Other Companies

Directors can regain their eligibility to serve as directors in other companies, enhancing their professional prospects.

Professional legal services help directors avoid potential legal risks and ensure compliance with all legal requirements.

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Conclusion

Empower Legal is the trusted partner for directors seeking to remove their disqualification and resume their positions in companies. With its expert legal guidance and strong representation before the NCLT, directors can overcome challenges and restore their eligibility to serve as company directors.

Consult Empower Legal today to regain your position as a director and unlock new opportunities for your professional growth.

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Startup Business Legal Tips

startup business | Search and Find the Best Corporate Law firm for Legal Tips for startup business in India Chennai

Search and Find the Best Corporate Law firm for Legal Tips for startup business in India

Rajendra Corporate Law Firm Attorneys in Chennai offer a wide range of Legal Tips for the startup business. Top Lawyers offer Legal services to their Corporate clients and ensure that they get the best from the case. Find the Best Advocates for Legal Tips for startup business Legal Assistance and Support in India.

Top Legal Tips for startup business Advocates will help you to handle and Solve Legal problems. Contact Top Lawyers for Legal Tips for startup business Litigation in Tamil Nadu India.

Legal Tips For Startup In India – How To Choose The Right Business Lawyer

In this article, you will find useful legal tips for startup business in India. Are you planning to set up a new business in the country?. it is best to check into the following tips:

Before you enter into a deal with the authorities, ensure that you have all the relevant documents in place so that your paperwork is clear and you can avoid any tax issues later on. In India, you need to file your tax returns from the end of the previous financial year. You need to fill out a form that you file with the tax authorities.

startup business | Search and Find the Best Corporate Law firm for Legal Tips for startup business in India Chennai

If you want to save money, it is best to get your Startup Business legal documents drafting through online providers. There are several firms that are willing to help you with these matters. You can use the internet to look for legal experts who are available in India. These experts are good at all types of issues with regard to legal matters. They are very helpful when dealing with the tax authority.

Before you start your business, you need to ensure that you have all the necessary documents ready. And you have taken care of all the legal issues. The law does not allow you to conduct transactions without proper documentation. Thus, before you begin any deal with the authorities, it is better to make sure that you have all the papers in place.

You can also get Startup Business legal advice from lawyers. You can even search the internet for a good lawyer. This will save you time and money because you won’t have to call each and every lawyer who are available in the city.

While you are doing your search, you need to be sure of the right kind of service provider. There are many fraud companies who promise to provide you with all the necessary documents at no cost. This is the reason why you need to be careful while selecting a legal company.

While looking for the right kind of company, you need to verify the credentials of the people who are providing legal services. In fact, It is important that the firm is experienced and has been involved in the field for some time. If you choose a firm that is not experienced and has not conducted any case before, it is likely that you will face a lot of problems in future.

When selecting a firm, you should also choose one who provides expert Startup Business advice as they have more expertise in the industry. By the way, It is always better to go with a firm that has done plenty of work in the field.

It is always better to take professional help in order to start your startup business. because there are lots of things that need to be taken care of and it is also good to look for an expert who can guide you through all these processes.

Corporate Law Firms: startup business

Select Top business Attorneys for startup in Chennai Tamil Nadu

Top startup business Attorneys in Chennai Rajendra Corporate Law Office offer Quality Legal Support Services. You get the great benefits of Legal issues resolving in a Specific time and Avoid tough time. Contact Senior Counsels now and Keep away from the issues.

Contact the Best Corporate Law Firm for Legal Tips for business Formation

Choose the Best Corporate Law Firm for Legal Tips for startup business and Avail the Best Legal Advice and Online Consultation today. Just make an Appointment by a Phone call or WhatsApp Instantly. Call or Chat +91-9444014096.

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Mediation Law

Call or WhatsApp: +91-9444014096 to make an Appointment with Senior Corporate Lawyers. Avail a Legal Support regarding Mediation Law or a Litigation Service in Chennai, Tamil Nadu, India.

Best Corporate Law Firm for Mediation Law

Find Best Corporate Law Firms for Business Law in Chennai, Tamil Nadu. Mainly, Mediation Law is one of the keys practice areas of Rajendra Corporate Law Firm. Firstly, This mainly requires transactional and legal counsel. Of Course, including counsel relating Family Law, to day-to-day business, Civil disputes, regulatory issues, corporate and government affairs. Tends to clients, both domestic and international,

Rajendra Corporate Law Firm is one of the Corporate legal services firm in India.

Mediation in India

Mediation in India is a voluntary process where people decide to find a mutual solution to their legal problems. In fact, They enter into a written contract and the appointment of a mediator. In the same way, The powers of the decision remain the conflicting parties with the mediator acting as a buffer to get them to understand.

Best Corporate Law Firm for Mediation Law

The parties may initiate ADR lawyers to represent them before the Ombudsman and to explain the situation in a professional manner. The difference between arbitration and mediation is that arbitration is a more formal process than mediation.

An arbitrator shall be officially named either before or at the time of need. Moreover, A mediator may be any person, any designation, may designate formally or casually depends on the will of the parties.

The mediation law in India was quite easy to use and flexible as a matter of fact.

Mediation in India are of two categories::

1. Court referred mediation:

The court may refer a case pending mediation in India. This must be in accordance with Article 89 of the Civil Procedure Code, 1908. This type of mediation is commonly in use for marital disputes, divorce cases in particular.

2. Private mediation:

In private mediation, trained personnel working as mediators on a fixed cost basis in the first place. Anyone from courts, the general public, businesses, and the public sector, may appoint mediators to resolve their dispute through mediation.

India Mediation Process

In most cases, people opt for voluntary mediation to mutually resolve their legal problems, making India a mediation process focused on the party and neutral uniquely. A third party namely a mediator appointed on behalf of directing unbiased parties to settle amicably their questions. Mediation uses structured communication and negotiation where people put their problems and solutions to them in front of the other with the help of a mediator. The person can be anyone the parties have chosen, or ADR lawyer agreed by the parties.

Rights and powers of Parties in mediation process

The mediator then helps to reach a conclusion based on their agreement on the terms. As it is a voluntary process and the parties retain all the rights and powers, either party may withdraw from the mediation process at any stage without indicating a reason.

General rules of evidence and reviewing and examination of witnesses

Mediation encourages parties to participate actively in dispute resolution and directly in which they explain the facts of the dispute, establish options or ways to solve the dispute, and make a final decision in coming to a settlement. The Indian mediation process follows all the general rules of evidence and reviewing and examination of witnesses. For all the rights you have on the issue, you can discuss with your ADR lawyer how you can put your demands and negotiate with the other party.

Main advantages of mediation in India

One of the main advantages of mediation in India is that it is a completely private method of dispute resolution. Only the parties in conflict and the mediator go ahead, making them personal and private parts business. Furthermore, The Ombudsman is an independent and impartial third party who helps the parties find their own solution. All statements in preparation during the mediation process in India can not be in disclosure in civil proceedings or any other place without the consent of all parties in writing.

Rajendra Corporate Law Firm is one of the Corporate legal services firm for Mediation Law in India.

Imposing a decision on the parties

In India mediation, the mediator works with the parties to facilitate dispute resolution and the mediation process does not decide the dispute by imposing a decision on the parties. The role of a mediator is both evaluative and facilitator. A mediator facilitates when he manages the interaction between the parties, encourages and promotes communication between them, and manages interrupts and Misbehavior by them and motivates them to reach an amicable settlement.

Confession made during mediation

The mediation process in India is quite confidential, as any information of one party and document preparation are inadmissible, and in seal condition. Any confession made during mediation can not be usable in any other court case and the information to the mediator can not be in the disclosure state to the other party if the other party expressly authorizes the mediator to do. The mediator can not be a witness to testify in a court case and can not disclose any information on the procedure.

Matrimonial disputes and corporate businesses

Mediation is a dispute resolution process that has been effective in matrimonial disputes and corporate businesses to find a quick solution that does not only save time and cost but also keeps the private entire settlement process disputes. The mediation process in India is flexible because it works two ways in assisting the parties in conflict to mutually solve their problem and to reduce the burden of cases pending before the courts.

Effectiveness of mediation:

Sometimes even the court-referred mediation is better because its process is easier and faster to get a resolution. Especially divorce mediation in India is the most common method of ADR. In divorce cases, property business, family issues, It helps to keep the issue limited only to the parties and does not put before the public and brought to a maintenance solution for peace

Are there national laws specifically governing mediation and practice?

There are two main texts that deal with mediation in India-CPC and the ACA. Section 89 of the CPC and the rules made by various high courts under this section deal with judicial mediation while Part III of the ACA with private mediation. Part II of the Regulations and the resolution of disputes mediation Civil Procedure (Alternate Mediation Rules) provides various rules for mediation.

Commercial courts (prior mediation Establishment and Regulation) Rules 2018

Other laws covering these are the Law on Commercial Courts 2015, by which it is binding on the parties to exhaust recourse to mediation prior to the institution under the Act prior to sue. Commercial courts (prior mediation Establishment and Regulation) Rules 2018 (PIMS Rules) have been developed by the Government under the Act.

These laws are not based on the Model Law of UNCITRAL on International Commercial Conciliation.

To what extent, and how mediation is encouraged in your jurisdiction?

The courts in India strongly recommend mediation. Many courts of the first instance have set up mediation centers housed in the premises of the courts. The courts provide the staff and facilities of these centers and also bear the expenses. Many lawyers and others were trained as mediators, and the court also pays fees to mediators. The process is usually free for the parties.

Power to direct parties to participate in Mediation process

A large number of cases referred to mediation by the courts. Although the consent of the parties is invariably taken before referring a matter for settlement by mediation, the court has the power to direct parties to participate in this process if at least to get to know more about the process.

Success of judicial mediation in India

Judges, leading lawyers, and policymakers speak very positively about mediation. However, It is still taking significantly in the private domain. With the success of judicial mediation in India, attention is now focused on private commercial mediation. professional organizations and industry-leading executives were involved in the same.

Contact Top Corporate Law Firms for Mediation Law

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FAQ – Mediation Law

What is Mediation and Role of a Mediator in India?

Mediation in India is a voluntary process where people decide to find a mutual solution to their legal problems by entering into a written contract and the appointment of a mediator

What are all the categories of Mediation in India?

1. Court referred mediation: The court may refer a case pending mediation in India in accordance with Article 89 of the Civil Procedure Code, 1908. This type is commonly used in marital disputes, divorce cases in particular.
2. Private mediation: In private mediation, trained personnel working as mediators on a fixed cost basis. Anyone from courts, the general public, businesses, and the public sector, may appoint mediators to resolve their dispute through mediation.

Are there any sanctions if a party to a dispute offers mediation and others ignores the proposal, refuses to mediate, or hinders the process?

No, there are no legal penalties for ignoring or refusing a mediation proposal. However, if a dispute has reached the stage of litigation, the courts may suggest it during the procedure and, invariably, these suggestions are accepted by the parties

What are the Advantages of Mediation?

1. This is More Cost-Effective than Court
2. This Process Can Save Your Time
3. It is Private & Confidential
4. Your evidence is not limited by normal court rules, and you may be able to include information that is usually not considered.
5. You Can End the case Amicably

What are the Disadvantages of Mediation?

1. There is No Guarantee
2. If you have been publicly accused of something, then you might want a public justification that comes with the court case again.
3. Mediation is dependent on the two sides come to the table and work toward a resolution. If one side refuses to do so, then mediation will not be useful.

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Business Law: Find the Best Corporate Law Firm in Chennai

Business Law: Find the Best Corporate Law Firm in Chennai

Best Corporate Law Firm for Business Law

Find Best Corporate Law Firms for Business Law in Chennai, Tamil Nadu. Mainly, Business Law/Commercial Law is one of the keys – a practice area Rajendra Corporate Law Firm, which mainly requires transactional and legal counsel, including counsel relating to day-to-day business, regulatory issues, corporate and government affairs. Tends to clients, both domestic and international,

Rajendra Corporate Law Firm is one of the Corporate legal services firm in India.
Best Corporate Law Firm for Business Law
Best Corporate Law Firm for Business Law

Business and Trade in a branch of civil law

Firstly, Commercial law or business law is a legal entity set up of business and trade. It is a branch of civil law and deals with both issues of private law and public law. In the same way, Commercial law governs the contract of service, hiring practices, and the manufacture and sale of consumer goods. In the same fashion, Many countries have adopted civil codes that contain a comprehensive statement of their commercial law.

Private law and public law

It is the body of law that is applicable to the rights, relationships, and conduct of individuals. And also companies engaged in trading, merchandising trade, and sales. It is often popular as a branch of civil law and deals with issues in both private law and public law. On conditions of the Companies Act, 1956, which is the law of the company in India. As a matter of fact, the company means a company registered under this Act to the above operations. Thus, a company comes into existence by registration under the Companies Act or the company law in India.

A company incorporated under the law on Indian companies, 2013

In India, Various Law Govern corporate affairs which entitle companies or trade laws in India by all means. In other words, These are applicable to the laws of society in India, and the Govt imposes the regulation. Moreover, The Ministry of Corporate Affairs (MCA) administers it In India. You can incorporate the companies under the law on Indian companies, 2013. Of course, this is the law of the company or business law in India.

A partnership under a contract is governed by the general law of contract. Uniquely, It is also called corporate law in India or in India Business Law. Identically, These are all in areas where the Partnership Act expressly makes any provision. These are rules on offer and acceptance, consideration, the legality of an object, etc.), legal personality, and nature. There are benefits of a business that can be better understood by looking at the following features of the law corporate and business law in India

Existence of Independent Businesses in India

For registration under the Act on company law or corporate law or business law in India. Meanwhile, a company becomes a corporate personality that is separate and distinct from its members. A company is a legal entity under company law or business law in India.

In this aspect of the laws of the company in India, the decision of the House of Lords in Salomon vs. Salomon & Co. Ltd. (1897 AC 22) is a well-known case in this aspect that although incorporated under the company law Act, the company has never had an independent existence.

Business Law in India provides that when a memorandum is signed and registered, subscribers are immediately legal entities able to exist with all the functions of a person as enshrined in the legislation of the company.

It is difficult to understand how a corporation created by the law can lose its individuality by sending most of its capital to a person. The company’s law defines a company as not a person but a memorandum of subscribers.

Limited Liability

Limitation of Liability is another major benefit of the constitution of a company under company law or business law in India. The company, which is a separate entity, with its own work, the members are not liable for its debts under the law of the company or an act of corporate law. If the liability of members is limited by shares, each member is required to pay the nominal value of the share held by him and his responsibility ends there by the law of the company in India. One of the main motivations behind accepting the incorporation of a company under the law of the company in India is to limit personal risks by getting the advantage of limited liability.

Perpetual succession

    In the world of business and according to the law of the company in India, “A society never dies, members can come and go, but a company can continue forever”. The death or insolvency of members does not affect the continued existence of the company. The company remains the same entity in the same way that the river is still the same river, though its parts are changing every moment.

Transferable shares

   The Public companies established under the laws of the company in India, the big goal was that the shares should be easily transferred. Section 82 of the Company Law Act 1956 expresses this principle by providing that “action or other interests of a member is personal property. The unique advantage of this under the business law in India is a member can sell their shares on the open market and get his money without affecting the capital structure of the company. Section 111 A, of the 1956 Companies Act by the Depositories Act 1996 specifically states that the shares of a public company are freely transferable.

Separate property

 Ownership of a corporation incorporated is vested in the corporation under the Business Law in India. The company is able to contain and enjoy the property in his own name. No member may claim ownership of any part of the assets of the companies. Thus, when a significant shareholder ensures business assets in his own name will not be able to recover compensation when said assets burn in a fire as it had no insurable interest in business ownership.

Best Corporate Law Firms for Business Law in Chennai, Tamil Nadu.
Best Corporate Law Firms for Business Law in Chennai, Tamil Nadu.

 Capacity for suit

   A company can sue in its corporate name as provided in the Business Law in India. The name of his management staff or members should not be questionable. The action against a group of people diminishes to a single action.

professional management

   Business Law in India provides that a company is able to attract professional managers. It is because being tied to the management of a company gives members the status of a setting.

Access to the money market

   Companies are one of the few legal institutions that allow accessing the money market for the training of its shares and the loan principal under the provisions of business law in India. A company can collect shares and preference shares without capital interest on which dividends is payable as and when there are profits. You can do this with the help of a prospectus for a public offering or private placement.

As good as these aspects sound, the Companies Act also has several disadvantages such as:

The lifting of the corporate veil 

The lifting of the corporate veil – All of the aforementioned advantages of incorporating follow the principle that for all purposes of the law, a company should be considered a separate entity from its shareholders.

Formality and Capital

Formality and Capital – The formation of a company in India is an expensive affair. The formalities of the company must comply with the rules and regulations of the State where the incorporation happens by the same token.

Registration and constitution

Registration of business obtains by filing an application with the registration of Memorandum and Articles in accordance with Article 33 of the companies act. The application must be accompanied by a number of documents such as a Memorandum of Association (MOA), an Article of Association (AOA), a copy of the agreement, and a declaration that all requirements of the law have respected the contract on behalf of a company even before it was properly constituted.

Types of companies under the Companies Act 2013

Lawyers for Companies and Business Law
Lawyers for Companies and Business Law

The Companies Act defines the different types of companies that can incorporate under this Act. They are:

  • Unlimited company
  • Warranty company
  • Private company
  • Foreign company
  • Government corporation

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Call or WhatsApp: +91-9444014096 to make an Appointment with Senior Corporate Attorneys. Avail a Legal Consultation regarding Business Law or a Litigation Service in Chennai, Tamil Nadu, India.

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FAQ Companies in Business Law

What is an Unlimited company?

Unlimited company – A company may consist of unlimited liability of its shareholders who are also responsible for the debts of the company in insolvency

What is a Warranty company?

Warranty company – The liability of members of a society can be limited either by shares or by guarantee. In other words, members contribute a fixed amount of money to the company’s assets

What is a Private company?

Private company – A private company as defined by law, is any company in which the Article of the Association fulfills the mandates to have a minimum capital of one lakh rupees or more. They have certain rights to its members, and a minimum of fifty members and prohibit any invitation to the public to subscribe for its shares or bonds in like manner.

What is a Foreign company?

Foreign company – a company that has incorporated outside India

What is a Government corporation?

Government corporation – a company having 51% or more of the shares held by the government

What are all the types of Companies?

The Companies Act defines the different types of companies that can be incorporated under this Act. They are:
Unlimited company
Warranty company
Private company
Foreign company
Government corporation

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Intellectual Property Appellate Board

Corporate Attorneys for Intellectual Property Appellate Board

Corporate Law Firm for Intellectual Property Appellate Board

What is Intellectual Property Appellate Board?. Firstly, Who is the best lawyer for IPR Matters?. Firstly, Contact Rajendra Corporate Law Firm, one of the Top Corporate Law Office in Chennai India for Intellectual Property Appellate Board Litigation. Call Leading IPR attorneys to make an appointment for a Legal Consultation today.

Corporate Law Firms | Corporate Law Firm for Intellectual Property Appellate Board

What is Intellectual Property Appellate Board  (IPAB)?

Intellectual Property Appellate Board  (IPAB) was formed by the central govt in the Ministry of Trade and commerce in 2003. On the other hand, IPAB has headquartered in Chennai and has seats in Mumbai, Delhi, Calcutta, and Ahmedabad. In fact, This is an establishment to resolve appeals against decisions of registration under the Trademark Act of India 1999. Moreover, Each bank of the IPAB is a judicial element and a member of the technique. Appeal the decision to the driver for the IPAB must be there within three months in like manner.

Functions of IPAB

Where any work has recorded in error with the Office of Copyrights. Then the power of error correction data contained in the Register of Copyrights is available in the Register of Copyright and power correction. On the other hand, Rectification/compact the registry certificate vests Intellectual Property Appellate Board (IPAB).

To make sure, Let us analyze all relevant provisions of the Law on Copyright 1957 and Copyright Regulations 2013, as in:

Section 49- Correction of records in the register of copyrights

Section 49 – Correction of records in the register of copyrights. IN the same fashion, The Registrar of Copyrights may, in prescribed cases and subject to the conditions prescribed, modify or alter the Register of Copyright by

the correction of any errors in any name, address or data; or

(B) correcting any errors that may have arisen in the same by sliding or accidental omission.

Section 50 – Rectification Of Register By Appellate Board

Section 50. Rectification Of Register By Appellate Board – Appeal Board. Under the Register of Copyrights or any injured person, order the change to the Register of Copyrights at

(A) performing any input erroneously omit it will be added to the register or

(B) the expunging of any entry made erroneously or remaining in, the registry, or

(C) the correction of any error or in the register

Rule 71 – Correction Rectification Of Entries In The Register Of Copyrights
  1. The Register of Copyrights may, Suo moto or at the request of any interested person, modify or alter the Register of Copyright Entries specified in Section 49, after giving, whenever possible, to the person affected by such modification or alteration, an opportunity to show cause against such modification or alteration, and communicate to that person the modification or alteration made.
  2. The Register of Copyrights shall amend the entries made in the Register of Copyrights after an order approved by the Board on an application filed by the Registrar of Copyright in this name in Section fifty by the same token.

Who Can Apply?

Any person aggrieved by the entry made in the Register of Copyrights may make an application to the Register of Copyrights to make corrections in the records of the Office of Copyright. Such request corrections of form XV – Application for registration of changes in details of copyright.

In the same way, the aggrieved person, by any entry wrongly omitted or inserted, or any defect entry in the register may file an application with the search for rectification IPAB Registration Copyright.

By all means, Register of Copyrights, to his knowledge of improper or erroneous entry into the Register of Copyrights, you can also make a request to the IPAB to rectify records the Register of Copyrights.

Power Of Registrar In Copyright

Section 49 of the Act empowers the Register of Copyrights to make corrections in the records of the Office and empowers copyright IPAB to make corrections and rectify the records of the Office of Copyright. Power of registrar to Copyright simply makes corrections in case of any correction of any error in any name, address or individual, or any other error accidental slip or omission, and also has the power to submit a request to the IPAB for the rectification of the Register of copyrights.

Power of IPAB

Under Section 50 of the Act, the IPAB has the power to rectify the Register of Copyright in case of wrongful omission, unlawful entry, or to correct any defect in the Register of Copyrights. In the same fashion, A direct application of IPAB or by the Register of Copyrights seeking rectification of Copyright Registration. The IPAB after hearing the parties and the satisfaction the entry or improper or defect omission in the registry, you can place an order and direct the Register of Copyright delete entries accordingly.

Correction In Record Of Copyright

The term ‘correction of any errors’, is about correcting mistakes and do not change the essence of the application. According to the practice of the Office of Copyright, some examples of corrections that can be made are:

  • Change the details of the publication and updating of data publisher, if the work was not in the publication in the registration certificate.
  • Update details of their subsequent publication.
  • Details of the person authorized to assign or license the rights comprising the copyright.
  • The details of the owners of the various rights comprising the copyright in the work and scope of the rights they have each, along with details on the allocation and licensing.
  • Details of work location (in the case of artistic work).

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Few examples of details that can not be modified are:

  • Applicant details.
  • Details of the job title/category of work and working language
  • Details of Author.
  • Status of Application in an unpublished publication
  • The essential details of the Registry that affects the essence of the protection of the work.
Expunging From Registration Copyright

Once an application is on registration in the Register of Copyrights. Then the only process of elimination/correction of records is so introduction under Section 50 of the Law on Copyright 1957. Meanwhile, Opportunities for an interested party to object (in other words, opposed to an application) are within thirty days of the receipt of the request. Once it expires period, then application proceeds due to the examination and compliance against the registry.

Before Registration – Under Rule 10 of the Rules

Before Registration – Under Rule 10 of the Rules states “If the author does not oppose such registration as received by the Registrar of Copyright within thirty days of receipt of the request, the registrar may confirm the already given information in the Register of Copyrights.

Therefore, the aggrieved party may submit an application to the Register of Copyrights. At any later time of the expiration of the thirty-day objection, but before the entry into the Register of Copyrights, requesting the Registrar to exercise their discretion and schedule a hearing to determine the accuracy of the data of the application submitted by the applicant.
After Registration – The injured party filing an application for registration

After Registration – The injured party therefore may file an application for registration. Uniquely, This is to compact directly with the IPAB, with all available data and evidence. In this way, This process will also involve the Register of Copyrights. Moreover, This is to provide documents supporting the entry made in the Register of Copyrights. However, the Register of Copyrights is not responsible for making any search for it properly Copyright current when examining copyright application. Likewise, The responsibility will lie on the affected part to support the request/reason to compact the records entered in the Register of Copyrights.

Call or Whatsapp:+91-9444014096 to Contact Top Intellectual Property Advocates in India for Legal Guidance.

Contact Top Intellectual Property Advocates in India

Call or Whatsapp:+91-9444014096 to Contact Top Intellectual Property Advocates in India for Legal Guidance. Thereafter, you can hire the Best IP Lawyers for Registration or the Litigation Services. Of course, Legal Assistance is mandatory for any IPR issue. Avail Virtual Legal Opinion from Expert Corporate Attorneys.

Intellectual Property Appellate Board  (IPAB) Frequently asked Questions [FAQ}

What is Intellectual Property Appellate Board  (IPAB)?

It is an establishment to resolve appeals against decisions of registration under the Trademark Act of India 1999.

Who Can Apply in IPAB?

Any person aggrieved by the entry made in the Register of Copyrights may make an application to the Register of Copyrights to make corrections in the records of the Office of Copyright.

What is the Power of IPAB?

Under Section 50 of the Act, the IPAB has the power to rectify the Register of Copyright in case of wrongful omission, unlawful entry, or to correct any defect in the Register of Copyrights.

What are all the details that can not be modified?

a) Applicant details.
b) Details of the job title/category of work and working language
c) Details of Author.
d) Status of Application in an unpublished publication
e) The essential details of the Registry that affects the essence of the protection of the work.

What are all the Functions of IPAB?

Where any work has recorded in error with the Office of Copyrights. Then the power of error correction data contained in the Register of Copyrights is available in the Register of Copyright and power correction. On the other way, Rectification/compact the registry certificate vests Intellectual Property Appellate Board (IPAB).

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