Rental Agreement & Legal Affidavit
The rental agreement or lease deed is designed for leasing or renting commercial property. The rental agreement is a legal document which lays out the prescribed terms and conditions under which the rented property is leased out that is to be followed between the land lord and the tenant. Though the relationship between the land lord and the tenant is cordial most of the time, it is good to have a written rental agreement in place if the relationship turns sour or becomes fraught with complaints and misunderstandings.
In Indian law, although an affidavit may be taken as proof of the facts stated therein, the Courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is treated as “evidence” within the meaning of Section 3 of the Evidence Act. However, it was held by the Supreme Court that an affidavit can be used as evidence only if the Court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination (Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh, citation 1960 AIR571, 1960 SCR(2) 841). Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the Court.
Shop & Establishment Registration
The Shops and Establishments Act regulates conditions of work, lists rights of employees in the unorganised sector and provides a list of obligations for every employer. It applies nationwide to shops, commercial establishments, hotels, restaurants, eating houses, theatres and other places of public amusement or entertainments. Every shop and establishment is required to register itself under the Act within 30 days of commencement of work, whether or not it has employees.
When is a Shops and Establishments Act license required?
Every shop and establishment needs to register itself compulsorily under this Act within 30 days of commencement of work. As this is such a basic license, many other licenses require this as proof of a commercial business. For example, most banks will require you to furnish it if you want to open a current account. To get this license, you would need to provide the PAN card of the business owner or the business itself, a copy of the rental agreement or sale deed, and details of all the employees.
Small Scale Industries (SSI) or Micro, Small and Medium Enterprises (MSME) can register themselves under the MSMED Act. It isn’t necessary, but very beneficial to do so, as it only exists to offer benefits to those registered under it. These benefits include priority sector lending, excise and direct tax exemptions, capital investment subsidies and power tariff subsidies. To qualify as an MSME, manufacturing enterprises need to have investment of less than Rs. 10 crore in plant and machinery, while service enterprises must have no more than Rs. 5 crore invested in plant and machinery. If, at any time, you cross this investment limit, you need to cancel your registration under the MSMED Act.
What is an SSI/MSME Registration?
Every nation’s economic hopes are pinned on its young, small businesses. The Indian government, with this in mind, offers numerous benefits to such organisations (cheaper credit, easy loan approval, tax exemptions, etc), so that they can achieve growth at a much faster pace and without enduring hardships. To avail of these benefits, the organisations that qualify must get an MSME or SSI Registration (regulated by the MSMED Act). This registration is among one of the easiest of government registrations to be granted.
Is SSI/MSME Registration voluntary or mandatory?
The SSI Registration is only needed to avail of subsidies and benefits. It is absolutely voluntary. However, as it is a fairly easy registration to get quickly (provided you have a manufacturing plant or a commercial space where you render services), many business opt for it over other registrations.
Sale, Gift & Partnership deed
Now that you’ve found the place you want to buy or found a buyer for your property, you need an agreement prepared. There is no underestimating this document, given the large sums involved in property deals. The agreement between you and the other party should cover comprehensively the terms on which the sale will take place, the conditions, and the date on which the sale will be completed. Sale Deed is the document that would be executed once final possession is given.
The lawful owner of a property can transfer it to another party without any monetary consideration through a gift deed. All such deeds must be signed by the donor, attested by 2 witnesses and then registered. Charges will vary in each state as stamp duty must be paid on the value of the property. Generally, such gifts are given by one family member to another, but there is no such restriction. However, gifts from relatives (and wedding gifts) are exempt from tax.
A partnership deed is a written legal document to avoid unnecessary misunderstanding, harassment and unpleasantness among the partners in the event of any dispute. For mutual benefit, the registration of Deed of Partnership is made under the Indian Registration Act, 1908 so as to avoid apprehension of the Deed of partnership being destroyed or mutilated in the possession of the partners. However, a partnership firm can also be created without registration under the Indian Registration Act, by just entering into a deep of Partnership. An instrument of partnership may be constituted by more than one document, meaning an amendment agreement can be added to a partnership deed at anytime to change the terms of a Partnership Firm.
Trademark & Copyrights
A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes).
Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
Copyright Registration confers upon its owner sole rights to copy or reproduce the work or grant permission to another to do so. The applies to literary (books, scripts, even software) and audio-visual (music, photographs, movies) works. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the creator of the work, but may also be owned by the employer of its creator or the person who has commissioned the work (unless there is an agreement to the contrary in either case). Copyrights are also transferrable.