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Legal Advisor

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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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 Beauty & Cosmetics Companies in India: Lawyers Advice

The scope of Consumer Protection Act has increased manifolds in the last decade. Under this act, the provisions available for the protection to the consumers has strengthened. This has resulted into fall down of displaying misleading advertisements and false claims made by the sellers. However under the garb of protection provided under this act, many consumers have started making false and frivolous complaints. These types of complaints can be of two types, first one being the complaint which has been filed by the consumer for negligently using the products and second one could be frivolous complaints for purpose of scoring...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Ayurvedic & Herbal Companies in India: Lawyers Advice

When the Consumer Protection Act of 1986 came into existence, manufacturers had conveyed that the provisions of this act might inspire the consumers to file false complaints and give them a chance to score money from the big manufacturers and sellers. Therefore to reject such false claims and avert the abuse of the law, a provision for the discharge of false and vexatious complaints was introduced in the act along with the penalty to be paid by the consumers. In the 1993 amendment, the fine for such complaints was increased to 10,000 Rupees. But traders wanted to impose a...

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Legal Sanctity and Precautions to be taken while Executing a Non-Compete Agreement: Lawyers Advice

A non-compete agreement is known in Contract Law as the agreement between two parties where one party is the employer and the other party is the employee. Through this non-compete agreement, the employee gives his acceptance to the employer on the restriction set by them that during the course of the employment or even when the employee leaves job under the employer, he will not attempt to be a competitor in the form and nature of trade pursued by the employer. Law Governing Non-Compete AgreementsSection 27 of the Indian Contract Act, 1872 declares agreements restraining trade to be void. However, the...

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