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- Presentation by: Mr. Prashant Ajmera Attorney / Founder / CEO www.StartUpGoingGlobal.com Your Partner in Global Expansion

Indian Start Up and Legal Compliance

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Page 1: Indian Start Up and Legal Compliance

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Presentation by:Mr. Prashant Ajmera

Attorney / Founder / CEO

www.StartUpGoingGlobal.comYour Partner in Global Expansion

Page 2: Indian Start Up and Legal Compliance

Starting Start Up in India

1. Legal Entity 2. Taxation 3. Intellectual property 4. NDA & contracts

Page 3: Indian Start Up and Legal Compliance

Legal Entities in India 1. Company – (i) Private Limited company (ii) Public Limited company (iii) Limited Liability Partnership

2. Partnership

3. Sole Proprietorship

Page 4: Indian Start Up and Legal Compliance

Shop & Establishment Act • Compulsory registration of shop/establishment within thirty days of

commencement of work.• Communications of closure of the establishment within 15 days from the

closing of the establishment.• Lays down the hours of work per day and week.• Lays down guidelines for spread-over, rest interval, opening and closing

hours, closed days, national and religious holidays, and overtime work.• Rules for employment of children, young persons and women• Rules for annual leave, maternity leave, sickness and casual leave, etc.• Rules for employment and termination of service.• Maintenance of registers and records and display of notices.• Obligations of employers.• Obligations of employees. http://ahmedabadcity.gov.in/portal/jsp/Static_pages/shops_establishment.jsp

Page 5: Indian Start Up and Legal Compliance

Bank Account In India 1. Company

2. Partnership

3. Sole Proprietorship

4. Current account with signing authority

Page 6: Indian Start Up and Legal Compliance

Taxation in India

(i) PAN card (ii) Service Tax – sale of services (iii) Excise duty – On Manufacturing(iv) VAT – Value added tax on manufacturing (v) Sales Tax – Sale of commodities (vi) Custom duty – Import and Export (vii)TAN Number (viii)Personal Tax (ix) Company or partnership tax (x) Employee’s Provident Fund

Page 7: Indian Start Up and Legal Compliance

Intellectual Property in India

(i) Patent – Invention or significant improvement / program

(ii) Copy Right – Literary work – writing / music / programs(iii) Trade mark – MARK – Service / Goods (iv) Design – Novel or original

http://www.ipindia.nic.in/

Page 8: Indian Start Up and Legal Compliance

NDA & Other agreements

(i) Founders Agreement (ii) NDA – Non Discloser agreements (iii) Users agreement – Terms and conditions (iv) Employee agreement – right to work created, Non

competition clause, share options etc. (v) Vendors agreement (vi) Sellers agreement (vii)Liability and insurance (viii)Advisors (ix) Term Sheet

Page 9: Indian Start Up and Legal Compliance

Prashant Ajmera

(i) Indian lawyer, Canadian citizen and NRI since 1988(ii) Global career advisor for study / settlement since 1993(iii) Global Business advisor for Start Up, SMEs and HNIs to

set up presence in foreign countries;(iv) President of M. G. Science Alumni Association www.mgsciencealumni.org(v) President Rotary Club Ahmedabad Metrowww.rcahdmetro.org