CORPORATE SERVICES

Commonly asked questions:

• What is the procedure for merger in India?

  The procedure for a merger starts from the approval of the merger from the board, then an application to be submitted to the National Company Law Tribunal, after getting approval from the NCLT, the information of the merger should be given to the creditors and investors. The process involves a sanction from the High Court.

• How to protect logos and trademarks legally in India?

  To protect a logo or a trademark legally in India, one should firstly conduct a search on the IP India database that whether such trademark or logo already exist or not in order to avoid infringement. Then the second step is to submit the application of the trademark with necessary documents to the IP India office. Then the IP India office will do the necessary examination of the trademark and all the information submitted and will issue the certificate if the trademark qualifies.

• Can corporate legal services assist with tax matters?

  Yes, corporate legal services assist the businesses with the tax matters, guide the business about the local and central tax laws and regulations and help them to comply with them.

• What are the regulatory compliances that businesses need to adhere to?

  Regulatory compliances include rules and regulations that a business has to follow the rules and regulations which are made by the different government authorities as per state , such as Environment protection, corporate social responsibilities, data protection , etc.

• What to do if my business gets involved in a legal dispute?

  If your business is involved in a legal dispute you should immediately consult a lawyer and know the available legal steps that you can take to eradicate the business from the dispute or resolve the dispute as soon as possible.

• What are the methods of dispute resolution rather than going to court?

  Instead of going to courts for dispute resolution, business can go for other dispute resolution procedures such as, mediation, arbitration, conciliation and negotiation. These dispute resolution processes are more convenient and faster than the lengthy court procedures.

• How much amount does a business have to spend for corporate social responsibility each year?

  The provisions of the Companies Act, 2013 enumerates that a company should spend 3 percent of its average net profit of previous 3 financial years to the corporate social activities each year.

• Why are Non- Disclosure Agreements important while dealing with the patented products?

  Non- Disclosure Agreement is the agreement which prevents the disclosure of sensitive and confidential information. While there is a contract for a patented product basically a NDA is created so that the information about the product doesn’t come out and competitors cannot misuse the information for an unfair advantage.

• What is the process of changing the name of the company?

  In order to change the name of the company, firstly a resolution to change the name of the company should be presented to the board, after approval from the board, a verification is conducted that whether the name is available for registration or not. Then an Extraordinary General Meeting (EGM) is organized for the approval of the shareholders. After the approval the documents are submitted to the Registrar of the Companies and it issues a certificate of incorporation with the updated name.

• Can a private company convert to a public company?

  Yes, a private company can convert to a public company by firstly initiating a special resolution in the general meeting then submitting the required forms to the Registrar of Companies.