Setting up of Business Entities and Closure

• Key features of various structures and issues in choosing between business structures including identification of location; tax implications etc.

  Types of Companies : Private Company; Public Company; One Person Company; Nidhi Company; Producer Company; Foreign Company.

  Charter documents of Companies : Memorandum of Association and Articles of Association; Doctrine of ultra-vires; Doctrine of indoor management; Doctrine of constructive notice; Incorporation Contracts; Alteration of charter documents: Alteration in MOA & AOA- Change of name; registered office address; objects clause; alteration in share capital and alteration in articles of association.

Small Company; Holding Company; Subsidiary Company & Associate Company; Inactive Company; Dormant Company; Government Company.

Formation of Limited Liability Partnership: Concept of LLP; Formation and Registration; LLP Agreement; Alteration in LLP Agreement; Annual and Event Based Compliances.

Different forms of business organizations and its registrations: Partnership; Hindu Undivided Family; Sole Proprietorship; Multi State Co-operative Society; Formation; Partnership Agreement and its registration.

Formation and registration of NGOs: Section 8 Company; Trust and Society- Formation and Registration.

Financial Services Organization and its registration process  : NBFCs; Housing Finance Company; Asset Reconstruction Company; Micro Finance Institutions, Nidhi companies, payment banks, Registration.

•  

  Purpose and process.

  Setting up of Business outside India and issues relating thereto : Issues in choosing location; Structure and the processes involved.

  Conversion of business entities: Conversion of private company into public company and vice versa; Conversion of Section 8 company into other kind of Company; Conversion of Company into LLP and vice versa; Conversion of OPC to other type of company and vice versa; Company authorized to be registered under the Act (Part XXI Companies); and other types of conversion.

  Various Initial Registrations and Licenses: Mandatory Registration - PAN; TAN; GST Registration; Shops & Establishments; SSI/MSME; Additional Registration/License - ESI/PF; FCRA; Pollution; Other registration as per requirement of sector; IE Code; Drug License; FSSAI; Trademark; Copyright; Patent; Design; RBI; Banking; IRDA; Telecom; I & B; MSME Registration; Udyog Aadhar Memorandum; Industrial License, Industrial Entrepreneurs Memorandum (IEM); State Level Approval from the respective State Industrial Department.

• Register and Records required to be maintained by an enterprise.

  Identifying laws applicable to various Industries and their initial compliances: Compliance of industry specific laws applicable to an entity at the time of setting up of the enterprise.

  Intellectual Property laws (Provisions applicable for setting up of business): Copyright Act; 1957; Patents Act; 1970; Trade Mark Act; 1999; Geographical indication of Goods (Registration and Protection) Act; 1999; Designs Act; 2000.

  Compliances under Labour Laws (Provisions applicable for setting up of business): Factories Act; 1948; Minimum Wages

  Act; 1948;Payment of Wages Act; 1936; Equal Remuneration Act; 1976; Employees’ State Insurance Act; 1948;Employees’Provident Funds and Miscellaneous Provisions Act; 1952; Payment of Bonus Act; 1965; Payment of Gratuity Act; 1972; Employees Compensation Act; 1923; Contract Labour (Regulation and Abolition) Act; 1970; Industrial Disputes Act; 1947; Trade Unions Act; 1926; Maternity Relief Act; 1961; Child and Adolescent Labour (Prohibition and Regulation) Act; 1986;Persons with Disabilities ( Equal Opportunities; Protection of Rights and Full Participation ) Act, 1995; Prevention of Sexual Harassment of Women at Workplace (Prevention; Prohibition and Redressal) Act; 2013

• Water (Prevention and Control of Pollution) Act; 1974;Air (Prevention and Control of Pollution) Act; 1981; Environment Protection Act; 1986; Public Liability Insurance Act; 1991; National Green Tribunal Act; 2010.

  Start Ups and its registration : Start up India policy, registration process; benefit under Companies Act and other Government Policies, Different types of capital: Seed Capital, Venture Capital, Private Equity, Angel Investor, Mudra Bank.

  Dormant Company: Obtaining dormant status and dormant to active status.

  Strike off and restoration of name of the company and LLP.

  Corporate Insolvency Resolution process; Liquidation and Winding-up: An overview.