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best corporate lawyer in Noida Tag

Best and Experienced Lawyers online in India > Posts tagged "best corporate lawyer in Noida" (Page 3)

Sole Proprietorship & the Insolvency and Bankruptcy Code of 2016: Lawyers Advice

Sole proprietorship is a specimen of a business being owned by a single person who carries an unlimited liability. Its foundation lies in the fact that there is no legal divide between the sole proprietorship and the proprietor. This implies it has no legal identity of its own. This is remarkably in contrast with say a company that has a separate legal entity, hence, can sue and be sued in its own name. This becomes a crucial concern when viewing matters related to insolvency and bankruptcy which is governed by the comprehensive Insolvency and Bankruptcy Code, 2016. Seemingly, a proprietorship...

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Liability of a Proprietorship Firm under the Insolvency & Bankruptcy Code of 2016: Lawyers Advice

The views are conflicting on this subject matter by the varied NCLT benches that whether a proprietorship under section 9 of the Insolvency & Bankruptcy Code (IBC) of 2016 can initiate insolvency and bankruptcy. It is a well-settled law that sole proprietorship firm cannot sue and be sued on its name. A proprietorship firm is not considered a separate legal entity. In Miraj Marketing Corporation v. Vishaka Engineering and Ors, it had been held that insolvency proceedings can't be initiated within the name of an unregistered proprietorship firm, and not even a sole proprietorship firm can initiate an insolvency proceeding...

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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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