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Importance of Conducting Due Diligence before Investing in a Startup: Lawyers Advice

In the world of startup investing and the private investments, the role of due diligence has become very significant. If any investor wants to involve in a successful investing, then he is required to comprehensively evaluate the sustainability of the investments. This can be done by proper research and study of the particular startup they are planning to make investment in. In startup investing, the investors has to suffer the problem of the less available information about the startup in the market. If the proper information is not available, then it would be difficult for the investors to carry on...

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Legal Remedies available after the Invocation of Force Majeure clause in a Contract: Lawyers Advice

The Black’s Law Dictionary defines the term Force Majeure as an event or effect that can be neither anticipated nor controlled. Such incidents happen independently without the will of human beings. Due to the happening of such events, enforcement of the contracts get affected. English law provides after the execution of the provision of force majeure, the other party can cancel the contract and the execution of the same if any such events occurs which is beyond their control. Under Indian law, like English Law, force majeure descends its existence from the contract. This clause is inserted in the contract...

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Ten Most Important Clauses to be Incorporated in a Non-Disclosure Agreement (NDA): Lawyers Advice

In today’s world, the primary asset of most businesses is often information. This information could include intellectual property, strategic plans, research and development and data. In order to ensure that the receiving party does not divulge the information that is provided, it will be useful that the enterprise providing the information enters into a Non–Disclosure Agreement (NDA) with the receiving party. An NDA is essentially a contract between two or more parties, where there exists a disclosing party and a receiving party. However, all NDAs are not the same. There exist several clauses in an NDA that has to be...

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Legal Tips before Executing an Outsourcing Agreement: Lawyers Advice

In today’s fast paced world of transnational open markets, competition between businesses have become a main stay. More firms today, prefer to not carry out all their business processes in – house. There are usually third parties that specialise in the particular area and offer their services at cheaper rates. As a result of this, firms outsource a significant share of their business processes. The processes that are outsourced are usually those that are not at the core of the objective of the business. The laws that govern the process of outsourcing in India are; (a) Indian Contract Act, 1872;...

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Ten Most Important Clauses to be Incorporated in a Shareholders Agreement (SHA): Lawyers Advice

There are several factors that contribute to the smooth functioning of a company. These factors can include smooth internal relationships and functioning, expanding external networks, profit management, etc. However, the benefits accrued from proper handling of the above – mentioned factors can come to an abrupt halt if there is a breakdown in the relationships between the shareholders, shareholder bankruptcy or even death of a shareholder. Therefore, it becomes useful to have a shareholders’ agreement in place to deal with such eventualities. A shareholders’ agreement (SHA) is essentially an agreement among the Company’s shareholders’ that describes how the company ought...

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Legal Remedies available against Former Employees running Competitive Business while adopting Illegal and Unlawful Means: Lawyers Advice

Former employees pose a grave threat to any Corporation or Organisation whereby it is widely seen that they indulge into illegal and unlawful activities from client poaching, data leakages, selling trade secrets and Intellectual Properties (IP), disseminating false and wrong information specially on social media platforms and entering into same business. This affects the Corporation in both monetary terms and non-monetary terms and causes illegal and wrongful damages, injuries and losses to their previous Employer. It is inevitable during the course of employment that an employee is not made to handle confidential data and information for their assignments. Such employees gradually...

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Laws & Legal Compliances for Selling Therapeutic Oils in India: Lawyers Advice

In recent times, it can be observed that the market for essential oils has been booming world over. The reasons for this are primarily due to the fact that lifestyles are improving across the world and an increasing number of people are getting involved in aroma therapies and other activities pertaining to physical wellness. The barriers to entry in these markets are low and as a result there is increased competition in this market. In order to streamline business activities to gain a competitive edge, it will prove useful for a business person to be aware of and comply with...

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Laws & Legal Compliances for Selling Cosmetics in India: Lawyers Advice

It is estimated that the Indian Cosmetics market is growing at a rate of 15% to 20% annually. The reasons for this are several, one of which is the rise in the purchasing power of citizens which allows for an increased spending on vanity. Cosmetics include skin care products, hair and scalp products, nail and cuticle products and oral hygiene products. If an entrepreneur wishes to embark on an endeavour to sell cosmetics in India, the following legal compliance requirements are to be kept in mind to avoid running into unnecessary hassles. Manufacturing Cosmetics in IndiaThe statute that regulates and...

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Laws & Legal Compliances for Selling Baby Care Products in India: Lawyers Advice

With the Indian population increasing at a rapid pace, the market for baby care products in the country has also increased exponentially. Baby care products include baby oils, creams, soaps, body washes, diapers, baby foods, wipes, etc. If an entrepreneur aspires to get involved in the sale of baby care products in India, the follow compliance requirements ought to be borne in mind to avoid running into unnecessary hassles. Baby care products come under the broader umbrella of cosmetics in India. The statute that regulates the manufacture/ import and sale of baby care products in India is the Drugs and...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Hospitals in India: Lawyers Advice

Resembling the false consumer complaints against the doctors for medical negligence, there are various vexatious complaints against the hospitals as well, both private as well as government. Although Judiciary is taking endless efforts in punishing those complainants who file false petitions against such institutions, however this problem in never ending and recently the number of such frivolous complaints has been increased by 28%. Until the problem of false and vexatious complaints is not taken seriously, the consumers will be encouraged to carry on such practices. Therefore some strict actions are required to be taken against such complainants. Consumers have a responsibility...

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