VS IPR & LEGAL ADVISORS https://vslegalindia.com Legal and IPR Advisor in Mumbai Sat, 19 Feb 2022 10:12:50 +0000 en-US hourly 1 https://wordpress.org/?v=6.7 https://vslegalindia.com/wp-content/uploads/2022/01/cropped-Web_Photo_Editor-2-32x32.jpg VS IPR & LEGAL ADVISORS https://vslegalindia.com 32 32 HACCP https://vslegalindia.com/hccpa/ https://vslegalindia.com/hccpa/#respond Wed, 19 Jan 2022 09:41:59 +0000 https://vslegalindia.com/?p=1274 HACCP Certification Hazard Analysis and Critical Control Points

Hazard Analysis and Critical Control Points (HACCP) is the acronym for “Hazard Analysis and Critical Control Points.” This internationally recognized food management system aims at protecting food safety and reducing food-related health hazards. It helps the business identify and control the risks that cause health hazards. HACCP certification demonstrates the excellence of a food business and recognizes that the business has developed a food management system in compliance with HACCP principles.

An external certification authority has the necessary knowledge and skills to undertake an evaluation of the HACCP system or HACCP plan to authorize the HACCP certification for a food business.

]]>
https://vslegalindia.com/hccpa/feed/ 0
ISO 22000 https://vslegalindia.com/iso-22000/ https://vslegalindia.com/iso-22000/#respond Sat, 15 Jan 2022 17:03:16 +0000 https://vslegalindia.com/?p=1260 ISO:22000 Food Safety Management Systems

ISO 22000: Food safety management systems Requirements for any organization in the food chain were first published in 2005. The standard provides international harmonization in the field of food safety standards, offering a tool to implement HACCP (Hazard Analysis and Critical Control Point) throughout the food supply chain.


The goal of ISO 22000 is to control and reduce to an acceptable level any safety hazards identified for the end products delivered to the next step of the food chain. An end product is defined as a product that will not undergo any further processing or transformation by the organization.

]]>
https://vslegalindia.com/iso-22000/feed/ 0
ISO 50001 https://vslegalindia.com/iso-50001/ https://vslegalindia.com/iso-50001/#respond Tue, 04 Jan 2022 22:56:11 +0000 https://vslegalindia.com/?p=895 The ISO 50001 certification is the appropriate response to guarantee a more rational use and better overall energy management, in order to achieve real sustainable development.

This standard specifies the requirements for an energy management system and enables an organization that consumes significant quantities of energy to have a systematic approach to continuous improvement of its energy performance, greater energy efficiency, and sustainability, regardless of its type.

The standard offers guidance on benchmarking, measuring, documenting, and reporting energy improvements and projected greenhouse gas (GHG) reductions. ISO 50001 Certification can also assist facilities in evaluating and prioritizing the implementation of new energy-efficient technologies.

Benefits Of ISO 50001

  • The ISO 50001 framework facilitates the management of energy bills and expenditure.
  • Organizations can ensure compliance with legal and regulatory requirements.
  • enhanced marketing capabilities. Make your business stand out.
  • Ensure best-practice energy management systems are in place.
  • It enables an organization to take a systematic approach to the continuous improvement of its energy efficiency.
]]>
https://vslegalindia.com/iso-50001/feed/ 0
Director KYC https://vslegalindia.com/director-kyc/ https://vslegalindia.com/director-kyc/#respond Tue, 04 Jan 2022 22:42:44 +0000 https://vslegalindia.com/?p=828 https://vslegalindia.com/director-kyc/feed/ 0 Closure of Company https://vslegalindia.com/closure-of-company/ https://vslegalindia.com/closure-of-company/#respond Tue, 04 Jan 2022 22:42:12 +0000 https://vslegalindia.com/?p=826 https://vslegalindia.com/closure-of-company/feed/ 0 Change in Name https://vslegalindia.com/change-in-name/ https://vslegalindia.com/change-in-name/#respond Tue, 04 Jan 2022 22:41:24 +0000 https://vslegalindia.com/?p=824 Alteration of Name Clause

An entity is an artificial person which gets its separate and legal identity through its name. The management of the company desiring to change the Company The name would need the consent of its shareholders and the approval of the ROC. The reason for a change of name of the company can be many, such as a new branding plan, mergers, and amalgamation, a change in business activity, etc.

Some Exmple

OLD NAMENEW NAME
FoobiebayZomato
BurbnInstagram
ConfinityPaypal
OdeoTwitter

Forms

  • MGT-14 – File within 30days from the date of passing special resolution
  • INC-24 – File within 30days from the date of passing special resolution
  • INC-28- Order of Registrar for a certificate of incorporation

Prohibited Company

The change of name shall not be allowed to a company:

  • which has not filed annual returns or financial statements due for filing with the Registrar or
  • which has failed to pay or repay matured deposits or debentures or interest thereon

Procedure

  • Company shall apply for reservation of name to the Registrar of Companies in RUN Form on MCA  (The name once approved shall be valid for 60days)
  • Preparation of Board resolution
  • Preparation of extraordinary general meeting bypassing Special Resolution (CTC of SR)
  • Preparation of Altered MOA
  • After the name gets approved file form MGT-14 & INC-24 to give effect to change in name.
  • Average Time taken to complete the whole process is 20-25 working days.

Procedure for Change of name in case of LLP in India:

  • The LLP may change its name by following the procedure as laid down in the LLP agreement. Where the LLP agreement does not contain any procedure, consent of all partners is required for changing the name of the LLP. 
  •  LLP shall apply for reservation of name to the Registrar of Companies in RUN LLP
  • After the name gets approved file form MGT-14 & INC-24 to give effect to change in name.
  • Application to be filed in eForm 5 for change of name of the LLP to the proposed name reserved for the purpose.
  • File eform 3 for amendment in the LLP Agreement within 30 days of a change of the name.
  • Average Time taken to complete the whole process is 20-25 working days.
]]>
https://vslegalindia.com/change-in-name/feed/ 0
Change in Main Object https://vslegalindia.com/change-in-main-object/ https://vslegalindia.com/change-in-main-object/#respond Tue, 04 Jan 2022 22:36:50 +0000 https://vslegalindia.com/?p=822 Alteration of Object Clause / Change of Object of the Company

With the change in priorities, a company can seek to change its main object. If the Company is willing to change its business activity, then the company can alter its main objectives by passing a special resolution at a general meeting, subject to compliance with the Companies Act, 2013 and approval from ROCs. The company must also change its name to bring it in conformity with the main objectives if there is any change in business activities. The objects mentioned in the MOA of a company are of great importance, and this clause determines the purpose of the company. The process is simple and easy with the experienced team of VS IPR & LEGAL ADVISORS.

FORMS: MGT-14 – File within 30days from the date of passing special resolution.

Procedure

  • Preparation of Board resolution
  • Preparation of extra ordinary general meeting by passing Special Resolution (CTC of SR)
  • Preparation of Altered MOA

Documents Required

  • MGT-14
  • MOA & AOA
  • Brief Proposed Main Object
  • Digital signature

]]>
https://vslegalindia.com/change-in-main-object/feed/ 0
Change In Address https://vslegalindia.com/change-in-address/ https://vslegalindia.com/change-in-address/#respond Tue, 04 Jan 2022 22:33:06 +0000 https://vslegalindia.com/?p=820 Change in Address of a Company

Like the shark that will only grow to the size of its bowl, the change in the size of the bowl into the size of the sea is necessary. Change is inevitable but important. With the increase in business size, the scale of operation increases, and entities strive to shift their office from one place to another to ensure smooth functioning of the activities and operations.
It is the official address of the company incorporated under the provision of the Companies act 2013 or under any previous company law. The procedure to change the registered office of the Company from one State or Union territory does not only involve a change from one state or Union Territory to another but also involves a change of Jurisdiction of Registrar of Companies (ROC). Only Tamil Nadu & Maharashtra have two ROCs.

The purpose of which E-form INC 22 can we filled as follows

  • Change within local limits of City, town or village.
  • Change outside local limits of city, town, or village, within the same Roc and state.
  • Change in Roc within the same state.
  • Change in the state outside the jurisdiction of existing Roc

]]>
https://vslegalindia.com/change-in-address/feed/ 0
Appointment of Director https://vslegalindia.com/appointment-of-director/ https://vslegalindia.com/appointment-of-director/#respond Tue, 04 Jan 2022 22:30:08 +0000 https://vslegalindia.com/?p=818 Whenever there is an appointment, resignation or removal of Directors or Partners in any Company or LLP, then intimation to the ROC in electronic forms, within the due date is required. Failing to which attracts penalties. Company and every officer who is in default shall be punishable with the fine for the period for which default continues.

Governed under sec. 152 of The Companies Act, 2013 the company is required to follow the following procedure on Appointment of Directors.

The Individual must mandatorily hold DIN to be appointed as a director of the company. The application for allotment of DIN shall be made to the Registrar of Companies in form DIR-3.

The appointment of a director is required to approve in the general meeting provided such director is not disqualified under sec 164 of The Companies Act, 2013.

Documents Required

  • Identification proof of the director to be appointed
  • Residential proof of the director to be appointed
  • Photograph the director to be appointed
  • Board resolution for appointment of director
  • Ordinary resolution for appointment of director

The form DIR-3 is required to be attested by the Director/CEO/CFO of the company in which the director is proposed to be appointed.

C:\website conted\PHOTO\CHANGE IN BUSINESS\APPOINTMENT & RESIGNATION OF DIRECTOR\download.png

]]>
https://vslegalindia.com/appointment-of-director/feed/ 0
Share Transfer https://vslegalindia.com/share-transfer/ https://vslegalindia.com/share-transfer/#respond Tue, 04 Jan 2022 22:27:12 +0000 https://vslegalindia.com/?p=816 Basic Procedure of a Share Transfer in a Private Limited Company
  • Transferor should give a notice in writing for his intention to transfer his share to the company.
  • The company, in turn, should notify other members as regards the availability of shares and the price at which such shares would be available to them.
  • Such price is generally determined by the directors or the auditors of the company.
  • The company should also intimate to the members, the time limit within which they should communicate their option to purchase shares on transfer.
  • If none of the members comes forward to purchase shares then the shares can be transferred to an outsider and the company will have no option, other than to accept the transfer.
  • Get the Share transfer deed in form SH-4 duly executed both by the transferor and the transferee.
  • The transfer deed should bear stamps according to the Indian Stamp Act and Stamp Duty Notification in force in the State concerned. The present rate of transfer of shares is 25 Paise for every one hundred rupees of the value of shares or part thereof. Do not forget to cancel the stamps affixed at the time or before the signing of the transfer deed.
  • The signatures of the transferor and the transferee in the share transfer deed must be witnessed by a person giving his signature, name, and address.
  • Attach the relevant share certificate or allotment letter with the share transfer deed and deliver the same to the company. The share transfer deed should be deposited with the company within sixty (60) days from the date of such execution by or on behalf of the transferor and by or on behalf of the transferee.
  • After receipt of the share transfer deed, the board shall consider the same. If the documentation for transfer of share is in order, board shall register the transfer by passing a resolution.

Consequences

Where any default is made in complying with the provisions related to transfer of shares, the company shall be punishable with a fine which shall not be less than Rs. 25,000/- but which may extend to Rs. 5,00,000/- and every officer of the company who is in default shall be punishable with a fine which shall not be less than Rs. 10,000/- but which may extend to Rs. 1,00,000/-.

]]>
https://vslegalindia.com/share-transfer/feed/ 0