Category: Business Registration

What is the Memorandum of Association meaning?

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A Memorandum of Association (MoA) represents the charter of an organization. it’s a legal instrument prepared during the formation and registration process of an organization to define its relationship with shareholders and it specifies the objectives that an organization has formed.

an organization can undertake only those activities that are mentioned within the Memorandum of Association. As such, the MoA lays down the boundary beyond which the actions of an organization cannot go. A Memorandum of Association helps the shareholders, creditors, and therefore the other person handling an organization to know the essential rights and powers of an organization. Also, the contents of the MoA help the potential shareholders in taking the proper decision while thinking of investing within the company. MoA must be signed by a minimum of 2 subscribers just in case of a personal Ltd., and seven members just in case of a public Ltd.

Format of Memorandum of Association

The format of MoA is laid out in Table A to Table E depending upon the sort of company. a corporation can adopt the table applicable to it; as an example, Table A is for a corporation limited by shares, and Table B is for a corporation limited by guarantee and having a share capital, etc.

Clauses in an MOA

The MOA comprises 6 clauses

1. Name Clause – the corporate may be a legal entity that must have a long-time identity. the primary clause within the MOA is the Name clause which states the Registered name of an organization.

 2. Situation Clause – This clause gives the complete address of the registered office of an organization.

3. Object Clause – The MOA has got to specify the objectives that the corporate has incorporated. It covers the most ancillary objectives of an organization.

4. Capital Clause – It states the quantity of capital with which the corporate has been registered. This clause provides the shareholding pattern with details of the shareholders and therefore the number of shares held by them.

5. Liability Clause – It mentions the limited or unlimited liability of each of its members. This clause will state the quantity each member will need to ante up within the event of liquidation of an organization.

6. Association and Subscription Clause – The memorandum must be subscribed by a minimum of 7 members within the case of a Public Ltd. and a minimum of 2 within the case of a personal company

Features of the Memorandum of Association

The memorandum of association contains the objectives and areas of operation to be covered at the end of the day. It also works as a constitution and this is often why the memorandum of association has the subsequent features:

1. The memorandum of association is the basic charter on which an organization is predicated and is mandatory for an organization.

2. The memorandum of association is the constitution of the corporate because it defines its limitations and therefore the sphere of its activities.

3. The memorandum can’t be altered by an organization, except by fulfilling the conditions laid down within the Companies Act for specific activities and situations.

4. It defines the scope of the company’s activity, and everyone who acts beyond the scope is deemed to be ultra-vire (beyond powers).

5. It’s a public document and is a hospitable inspection by those that affect the corporate.

6. It Defines an organization’s relations with outside individuals and its activities about them.

Purpose of Memorandum of Association

The main purpose of the memorandum is to elucidate the scope of activities of an organization. the potential shareholders know the areas where the corporate will invest their money and therefore the risk, they’re taking in investing the cash.

The outsiders will understand the bounds of the working of an organization, and their dealings with it should remain within the prescribed scope.

Importance of Memorandum

Memorandum is the fundamental document of an organization that contains conditions upon which an organization is incorporated.

This document is vital for subsequent reasons.

1. The memorandum defines the restrictions on the powers of an organization established under the Act.

2. the entire structure of an organization is made upon a memorandum.

3. It explains the scope of activities of an organization. The investment knows where their money is going to be spent, and outsiders also know the character of activities the corporate is permitted to require.

4. it’s a basic document of the corporate about its constitution.

5. it’s a charter of the corporate which sets out its written goals.

Is the MoA and Articles of Association (AoA) of a company the same?

No. The Articles of Association (AoA) and Memorandum of Association (MoA) are not

the same. The MoA lays down the essential details about an organization, while the AoA includes the inner rules and regulations of an organization. The AoA is subordinate to the MoA

What are the Articles of Association (AoA)?

The Articles of Association (AoA) may be a document that defines the aim of an organization and specifies the regulations for its operation. The document outlines how tasks should be accomplished within a corporation, including the preparation and management of monetary records, and thus the method of director appointments.

Summary

•The articles of association (AoA) is considered the “constitution of an organization.” It outlines the principles and regulations that stipulate an organization’s internal affairs.

• Regulations are also considered a manual for an organization that sets out the organization’s purpose and its strategies for achieving its short-term and long-term goals

•Generally, the AoA includes an organization’s legal name, address, purpose, equity capital, financial provisions, and provisions regarding the shareholder meetings.

Components of the Articles of Association

 The articles of association will usually specify the way of an organization issues stocks, distributes dividends, and performs financial records. The document is concentrated on giving the reader information about the methods an organization uses to attain its daily, monthly, and yearly goals.

The articles of association are relatively similar in any part of the globe, although the precise terms and items vary across jurisdictions. In general, it includes the following:

•      Provisions on an organization name

•      Purpose of an organization

•      Share capital

•      Provisions on shareholder meetings

Companies Required to File an Articles of Association

The following entities must file their own articles of association:

 1. Unlimited companies

The document must mention the number of employees and the amount of share capital if applicable.

 2. Companies limited by guarantee 

The document must clearly state the number of members to which the company will register.

 3. Private companies limited by shares

The document must include a provision restricting the transfer of shares, a limit of 50 members, and a prohibition on the purchase of shares by the public in the form of shares or debentures.

Difference Between Memorandum of Association and Articles of Association

The memorandum of association and articles of association are the 2 charter documents, for the fixing of an organization and its operations thereon. ‘Memorandum of Association ‘abbreviated as MOA, is the root document of an organization, which contains all the essential details about an organization. On the opposite hand, ‘Articles of Association ‘shortly referred to as AOA, may be a document containing all the principles and regulations designed by an organization.

While the MOA sets out the company’s constitution, then it’s the cornerstone on which an organization is made. Conversely, AOA comprises bye-laws that govern the company’s internal affairs, management, and conduct. Both MOA and AOA, require registration, with the registrar of companies (ROC), when an organization goes for incorporation.

Key Differences Between Memorandum of Association and Articles of Association

The major differences between memorandum of association and articles of association are given as under:

1. A Memorandum of Association may be a document that contains all the conditions      which are required for the registration of an organization. Articles of Association may be a document that contains the principles and regulations for the administration of an organization.

2. Memorandum of Association is subsidiary to the businesses Act, whereas Articles of Association is subsidiary to both Memorandum of Association also because of the Act.

3. In any contradiction between the Memorandum and Articles regarding any clause, the Memorandum of Association will prevail over the Articles of Association.

4. Memorandum of Association contains information about the powers and objects of an organization. Conversely, Articles of Association contain information about the principles and regulations of an organization.

5. Memorandum of Association must contain the six clauses. On the opposite hand, Articles of Association are framed as per the discretion of an organization.

6. Memorandum of Association is obligatory to be registered with the ROC at the time of registration of an organization. As against Articles of Association, isn’t required to be filed with the registrar, although an organization may file it voluntarily.

 7. A Memorandum of association defines the connection between an organization and external parties. On the contrary, articles of association govern the connection between an organization and its members and also between the members themselves.

8. When it involves scope, the acts performed beyond the scope of the memorandum are absolutely null and void. In contrast, acts done beyond the scope of articles are often ratified by unanimous voting of all shareholders

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Trademark Registration Status

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The trademarks registry in India was established in 1940 and presently it regulates the prevailing law trademarks act 1999 and their rules to protect the misuse of trademarks. Trademarks registry provides resources, facilitates information centres, and regulates all matters relating to trademarks in PAN India. the purpose of the trademark act 1999 is trademark registration in the country and ensuring protection to the registered trademark or goods and services .this also helps original trademark owners to prevent fraudulent use of their trademark. The main purpose of the trademark registry is to register trademarks that qualify for registration under the prevailing trademark and their amendment act and rules.

What is a Trademark?

In simple terms, trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions .it is important because it differentiates your products from the competition. It can be associated with your brand.

The arrival of online trademark registration in India has enhanced the efficiency and transparency of trademark filing. A trademark is additionally declared incontestable after 5 years of consecutive use from the date of federal registration. An application for registration of a trademark goes through numerous stages of scrutiny before it gets registered. These stages or statuses are briefly explained below. In this article, we are also visiting to decipher the implications of the assorted trademark statuses and so the corresponding action they require for smooth trademarking.

Trademark registration status

Status: New Application 

The trademark application has been recently entered into the trademark application database.

Status: Send to Vienna 

Codification This step is applicable for a non-text trademark application that contains a logo the moment a trademark application is filed, a Vienna code is assigned thereto if the trademark encompasses logo or figurative elements. The Vienna codification process is finished by the registry, enabling trademark searches to be conducted for logos/artwork. Once this process is completed, there’s still a protracted process to get into the registration process followed by an examination, formalities check, public caution, and finally the registration. 

Status: Formalities Chk Pass

When all the essential filing requirements for trademark registration are passed, then the status within the Indian trademark registry website shows as ‘Formalities chk pass’. The trademark registry during this step checks the elemental formality requirements such as:

• Whether appropriate transliteration (if applicable) has been filed

• Whether the POA has been uploaded. In case these basic requirements don’t seem to be fulfilled, the status information is reflected as ‘Formalities chk fail’. After the completion of this procedure, the trademark application goes through a substantive examination. During this phase, objections are also raised under Sections 9 and 11 of the Trademarks Act of 1999.

Status: Marked for Exam

When a trademark application is allocated to an examiner for issuance of the examination report, the Indian trademark registry website shows the status ‘Marked for exam’. The trademark application is scrutinized by the examiner to check whether the trademark is often published within the trademark’s journal, preceding the registration. the next checks are done to see: • Whether the prescribed manner has been adhered to while filling the appliance • Whether any similar trademark in respect of similar service/goods is there on record • If the trademark that has been applied for are often accepted for registration under the Trademarks Act of 1999 • Whether any condition, the restriction is required to be imposed. The examiner will then issue a consolidated ‘Examination report’, which either mentions objections against the application, if any or accepts the application.

Status: Objected

If the examiner/registrar raises objections within the examination report, the status of your trademark application will read as ‘Objected’. After the application is scrutinized, objections are additionally raised by the examiner/registrar under Sections 9 and 11 of the Trademarks Act.  for example, objections are likely to be made under Section 9, when the examiner/registrar considers the trademark to be descriptive, laudatory, or indicating the

character or quality of the goods/services. To overcome this objection, it’s essential to denote that the trademark is characteristically distinctive and doesn’t comprise any of the above-mentioned categories. This objection can even be avoided if the trademark has developed a unique character due to its extensive use. For this purpose, it’s required to submit a user affidavit with cogent pieces of evidence that show that the trademark has acquired uniqueness over continued usage. Section 11 objections are also made by the examiner/registrar when there is a similar/identical trademark in similar/identical classes of services/goods already on record within the trademark registry. In such a case, the registrar issues a computer-generated search report which comprises the list of conflicting marks.

Status: Exam report issued

The trademark status will show as ‘Exam report issued’ when the trademark application is approved for publication and when it’s due for publication within the trademarks journal. This status information is employed to point out that the trademark has been accepted within the initial examination report, or after the objections are overcome by the applicant by way of a written submission or a hearing.

Status: Refused 

If the examiner/registrar refuses a trademark application after hearing or considering the applicant’s response to an examination report, then the trademark status within the Indian trademark registry website shows as ‘Refused’. The trademark status may also be read as ‘Refused’ in those cases where a 3rd party is successful in opposing the registration of the trademark. This status will be appealed by filing a petition under Section 91 of the Trademarks Act with the holding appellate board (IPAB) within 3 months.

Status: Adv Before Accepted

If a trademark application is being advertised before its acceptance within the trademark journal by the registrar, then the trademark status within the Indian trademark registry website will show as ‘Adv before accepted’. This status allows any third party to oppose the trademark application within 4 months from the date of the advertisement within the journal. In a scenario where an application is advertised before acceptance and no opposition is lodged during the opposition period, the appliance must be accepted by an Accepting Officer just before the registration certificate is issued. Once this is often done, the trademark status changes to ‘Advertised and accepted’, so subsequently to ‘Registered’. The registration certificate is mostly issued within 3 months of expiry of the opposition period.

Status: Opposed

In case after the advertisement of the trademark, a 3rd party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status within the Indian trademark registry website will show as ‘Opposed’. A third party usually files an opposition when there’s an analogous trademark published within the journal or if the trademark is purported to be non-distinctive. The trademark status changes from ‘Advertised’ to ‘Opposed’ after a notice of opposition is filed by a 3rd party. This notice is served on the applicant which states the grounds on which the opposition is predicated. it’s necessary to file a counter statement by the applicant within 2 months from the date of receipt of the notice of opposition. The trademark application status is modified to ‘Abandoned’ if no counter statement is received by the registry within the given period.

Status: Withdrawn 

The trademark within the Indian trademark registry website will show as ‘Withdrawn’ if the applicant files an invitation to withdraw the appliance voluntarily.

Status: Removed 

The trademark status within the Indian trademark registry website will show as ‘Removed’ if the trademark has been far from the trademark registry. The mark isn’t any longer trademarked within the eyes of the law. 

Status: Registered

When the trademark status within the Indian trademark registry website shows as ‘Registered’ it means the trademark registration certificate has been issued by the Registrar. After this, the applicant/candidate becomes the registered owner of the trademark. The applicant afterward was entitled to use the ® symbol next to the trademark. Under this Act, trademark registration is valid for 10 years from the date of application.

How to  Register a Trademark With finaxis

The process of trademark registration online is more complex than it appears. It involves a number of processes followed by the government. Finaxis has made it easier for you by breaking it down into two parts and doing the majority of the work. Register your trademark today to protect your company’s logo, and brand.

Step 1: Class Selection and Document Collection

Our experts will guide you in selecting the right classes for your business.  Then we are collecting the required document given below.

Step 2: Filing Trademark Application

Once we get all the documents, then we will proceed to verify them. Then the trademark application form will be filled out on your behalf and submitted together with the documents.

Congratulations! You can now begin using the symbol ™ as the application has been submitted!

Individuals & Sole Proprietorship

Any person – Indian National or Foreign National can simply register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

• Copy of the logo, preferably in black & white. In case the logo is not provided, the trademark application can be filed for the word.
• Signed Form-48.form 48 is permission from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
• Identity Proof of the individual or Proprietor.
• Address Proof of the individual or Proprietor.

Partnership / LLP / Cmpany – Small Enterprise Or Startup

The trademark registration fee differs from Rs.4500 to Rs.9500. For other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide a Udyog Adhar registration certificate.

Partnership / LLP / Company

In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:

• Copy of Logo (Optional)
• Signed Form-48.
• Udyog Aadhar Registration Certificate.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.

Why us?

A registered trademark carries a legal presumption that you have a right to use your mark nationally and prevent offers from using it.

Register your trademark within budget and still get the best service. 100% online process. use the symbol right away. get your trademark registered by professionals today. To register your trademark visit https://www.finaxis.in/ 

 

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FSSAI V/s  Agmark

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The Food Safety and Standards Authority of India (FSSAI) was established under the Food Safety and Standards Act, 2006, which unites multiple acts and instructions that worked with food-related problems in different governmental agencies previously. The FSSAI was created to define science-based food safety standards articles and to control their production, preservation, transportation, marketing, and importation in order to ensure that human beings have access to safe and hygienic food. The FSSAI is an autonomous organization. The FSSAI’s administrative ministry is the Ministry of Health and Family Welfare. The FSSAI has its headquarters in New Delhi.

Features of FSSAI.

1. FSSAI as a solitary reference point for all matters connecting with Food Safety and Standards, Regulations and Enforcement.
2. Incorporated reaction to vital issues like Novel food varieties, Health Foods, Nutraceuticals, GM food sources, global exchange and so forth.
3. Accomplish a serious level of buyer trust in quality and security of food.
4. Satisfactory data scattering on food to empower purchasers to settle on an informed decision.

Functions of FSSAI.

1. For the functioning of FSSAI is divided into two committees-
2. Scientific Committee- It deals with the issues related to food standards.
3. Central Advisory Committee- It deals with the issue related to inspection & compliance.
4. FSSAI has sent off numerous web-based drives to further develop Food Standards and Safety in India.
5. Food Safety Compliance System (FoSCoS) to supplant existing Food Licensing and Registration System.
6. RUCO (Repurpose Used Cooking Oil) initiative- Under this Total Polar Compounds (TPC) of Vegetable oil is restricted to 25 percent. Past which the vegetable oil will be gathered and changed over into Bio Diesel.
7. Aside from these, FSSAI additionally sent off drives, for example, Eat Right India, Save food Share food and so on.

FSSAI Registration.

Each food business administrator engaged with the assembling, handling, capacity conveyance, and offer of food items should necessarily acquire FSSAI Registration or License.

FSSAI Registration is unique in relation to the FSSAI License as in relying upon the size and nature of the business, FBO ought to acquire the vital enlistment or permit.

It is a 14-digit enrollment or a permit number that is imprinted on all the food bundles. The 14-digit enrollment number gives insights concerning the gathering state, maker’s grant.

Types of FSSAI Registration.

1. FSSAI Basic Registration – FBOs having a turnover of under Rs.12 lakh per annum should get FSSAI fundamental enrollment. The FSSAI enrollment structure that the candidate needs to fill to acquire FSSAI fundamental enlistment is Form A.
2. FSSAI State License – FSSAI State License – FBOs having a turnover of more than Rs.12 lakh per annum and under Rs., 20 crores per annum ought to obtain the FSSAI state grant.
3. FSSAI Central License – FBOs having a turnover of more than Rs.20 crore per annum should acquire the FSSAI focal permit. The FSSAI enlistment structure that the candidate needs to fill to acquire FSSAI focal permit is Form-B.

Registration process

Step 1. It is started by the accommodation of Form A (application) to the food and security division.

Step 2. The application might be acknowledged or dismissed by the division within 7 days from the application date.

Step 3. On the off chance that the application is acknowledged, an enrollment endorsement will be conceded by the division alongside the enlistment number and the photograph of the candidate.

Step 4 Conspicuously, FBO should show the endorsement of the enlistment in the business environment during business hours.

Now, a question arises, is Agmark certification & FSSAI the same? Let’s see the difference between them.

What is Agmark?

Agmark, or Agriculture Mark, is the affirmation imprint to guarantee the nature of agrarian items in India.

Agmark goes about as an outsider assurance for the rural items that are delivered and consumed in India.

• The framework follows its starting point to 1934, where Archibald MacDonald Livingstone, Agricultural and Marketing Advisory to the Government of India, recommended that this accreditation come into power to help the nearby cultivators and forestall excessive double-dealing by the sellers of the produce. The head office is in Faridabad.

Features of Agmark.

1. This is given by the Directorate of Marketing and Inspection, under the Ministry of Agriculture and Farmers Welfare, of the Government of India for agrarian items.
2. It covers quality rules for in excess of 200 distinct wares going from heartbeats to cereals, from medicinal balms to semi-handled food like vermicelli.
3.  The application processes are done online through the stage made by the National Informatic Center (NIC).
4. AGMARK affirmation is deliberate with the exception of eatable vegetable oils and fat spread which is required according to FSSAI Regulations, 2006.

Functions of Agmark

1. Ranchers are befitted as the state offers more endowments to those items that convey the imprint.
2. Promoting the item tracks down a lift.
3. The nature of the item is supported by excellence of legal consistency.

Agmark registration

The whole Agmark framework was made by Archibald Livingstone, the Agricultural and Marketing Advisory to the Government of India during the period 1934-1941. This affirmation guarantees that the horticultural items in India adjust to the arrangement of principles supported by the Directorate of Marketing and Inspection, a Government of India organization.

As of now, the Agmark norms cover more than 200 farming things including beats, vegetable oil, cereals, and other semi-handled products. This mark additionally consolidates agricultural things and food and refreshments that are altogether delivered/part of the way made and halfway created.

Agmark registration process

• For Agmark enrollment disconnected, you can visit the closest office of the Director of promoting and Inspection (DMI) to acquire the Form A. Here, you should apply for the giving of an Agmark enlistment declaration and approval for evaluating and stamping of items in the homegrown market.
• While presenting the Agmark enrollment application structure, you want to outfit the vital records. To be aware of the documentation measures of the Agmark enrollment method, kindly allude to the segment above
• While presenting the Agmark enlistment, you likewise need to present the important Agmark enrollment expenses. The Agmark enlistment expenses will differ as per the item for which the application is documented. The all out Agmark enlistment expenses will likewise rely upon other autonomous factors like handling charges, reviewing charges, and so on
• Prior to confirming and reviewing a product advised under Agmark, a candidate should satisfy the accompanying circumstances
• They should have the framework important to deal with the item.
• They should have their own research center or should approach a supported lab for reviewing. Assuming they approach a supported research center, they need to outfit the assent letter from it in Form A-3.
• On gathering these qualification measures, they ought to apply to the DMI for giving the Certificate of Authorization.
• The power, after fruitful consummation of the confirmation cycle, will concede the testament. The whole interaction takes around 30 to 40 days to finish.
• According to the Agmark enlistment rules, an appropriate testing of both the unrefined components and the handled item should be done by an endorsed scientist
• After the evaluating and accreditation, the field officials from DMI would likewise direct intermittent quality checks. For this, they would contrast tests given by the packer and those accessible on the lookout.
• The examples would be dissected in Regional Agmark Laboratories. In the event that the reviewed product isn’t viewed as in adjustment to the endorsed principles, activity as considered fit would be taken against the packer.

Difference between FSSAI & Agmark

Difference of	Agmark	FSSAI
Definition	AGMARK is a confirmation marked to horticultural items to conform to the Agricultural Products Act, 1986.	FSSAI (Food Standard and Safety Authority of India) is an office or division of the Ministry of Health and Family Welfare.
Reason	AGMARK is utilized in rural items to guarantee the standards of the result of the administering agency. The Directorate of Marketing and Inspection, Government of India goes about as a Certification Agency to guarantee item consistence.	FSSAI assists with controlling and regulating the activity of food organizations in India, as well as screening and advancing general wellbeing.
Administration	It is laid out under the Agriculture Produce (Grading and Marking) Act of India, 1937 (corrections in 1986)	It is represented under Food Safety and Standard Act, 2006
	AGMARK accreditation is given to Agricultural Products after different dissects or testing at state-possessed labs	FSSAI permit is apportioned in view of turnover and movement of the foundation.
Deals with	AGMARK covers just horticultural items.	FSSAI manages a wide range of food items be it farming items, dairy items, handled or meat items

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