Here are some examples of activities permitted with a visitor visa:
Apply for U.S.A Visitor
Tourism and Visit (B-2):
- tourism
- vacation (holiday)
- visit with friends or relatives
- medical treatment
- participation in social events hosted by fraternal, social, or service organizations
- participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
- enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)
Travel Purposes Not Permitted On Visitor Visas:
These are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:
- study
- employment
- paid performances, or any professional performance before a paying audience
- arrival as a crewmember on a ship or aircraft
- work as foreign press, radio, film, journalists, and other information media
- permanent residence in the United States
Process to Apply for U.S.A Visitor Visa
How to Apply
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the U.S. Embassy or Consulate website where you will apply.
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the U.S. Embassy or Consulate website where you will apply.
Complete the Online Visa Application
- Online Nonimmigrant Visa Application, Form DS-160 – Learn moreabout completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
- Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in thePhotograph Requirements.
- Online Nonimmigrant Visa Application, Form DS-160 – Learn moreabout completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
- Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in thePhotograph Requirements.
Schedule an Interview
While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.
If you are age: Then an interview is:
13 and younger Generally not required
14-79 Required (some exceptions for renewals)
80 and older Generally not required
You must schedule an appointment for your visa interview, generally, at theU.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:
While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.
| If you are age: | Then an interview is: |
| 13 and younger | Generally not required |
| 14-79 | Required (some exceptions for renewals) |
| 80 and older | Generally not required |
You must schedule an appointment for your visa interview, generally, at theU.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. Embassy or Consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:
Comparison Between Company Act 1956 and Company Act 2013
Comparison Between Company Act 1956 and Company Act 2013
Sr. No. Subject matter Old provision in the Companies Act,1956 Corresponding new provision in the Companies Bill,2011 1. Composition Contains 658 sections and 15 schedules
Contains 29 chapters with 470 clauses and with 7 schedules. 2. Definitions Section 2 Contains 67 definitions Clause 2 of elephant size contains 95 definitions. The additional definitions not included in section 2 are:
Auditing Standards; Associate Company; Chief Executive Officer; Chief Financial Officer; Company Liquidator; Called up capital; Company limited by shares; Company limited by guarantee; Control; Employees’ Stock Option; Financial Statement; Financial Year; Global Depository Receipt; Independent Director; Interested Director; Indian Depository Receipt; Issued capital; Financial statement; Key Managerial Personnel ;( Whole-time director’ has been included in the definition of the term ‘key managerial personnel’) One Person Company; Promoter; Remuneration; Small Company;
Sweat equity shares; Unlimited company;
Turnover. 3.
Definition of Private Company
Restricts the maximum number of members to 50 To restrict the maximum number of members to 200 4. Definition of Public Company. Considers a private company which is a subsidiary of a public company as a public company.
Further enhanced to provide that a private subsidiary of a public company deemed to be a public company even though the subsidiary continues to be a private company in the articles. 5. Definition of Financial Year. Financial year not defined in section 2 Defined in clause 2(41) as under: Financial year as defined in clause 2(41) requires Company or body corporate to adopt uniform financial year of 1st April to 31st March every year except in certain exceptional cases. Existing Companies not adopting 1 April to 31 March as financial year for Companies Act purposes to align themselves with 1 April-31 March within two years of commencement of the Companies Act, 2012.
6. Types of Company that can be formed Public Company or Private Company which can be limited by shares/limited by guarantee or unlimited company.
Besides Public and Private Company, clause 3 also provides for One Person Company as a Private Company. 7. One Person Company(OPC)-clause 3 Such a concept was absent hitherto. OPC can be formed. 8. Mandatory contents of the Memorandum Five clauses were mandatory:
Name Clause; Registered office Clause;
Objects divisible into:
Main Objects; Objects ancillary or incidental to the Main Objects;
Other Objects; Liability Clause; Capital Clause Same except that no classification required for the object clause into Main objects, incidental/ancillary objects, other objects. As a result of the above, section 149(2A) and 149(2B) of the Companies Act is no longer applicable. 9. Reservation of name for proposed Company-procedural aspects-clause 4(4) and 4(5)
Procedural aspects not covered. Provides for making an application for reservation of new name or change of name of an existing company to the ROC on payment of prescribed fees. 10. Penalty for obtaining name by providing wrong or incorrect information
No recourse provided If company is not incorporated, reserved name shall be cancelled after imposing a penalty not exceeding Rs. 100,000; and If Company is incorporated the ROC may : Give direction to change name within 3 months by passing ordinary resolution or Make a petition for winding up of the company. 11. Entrenchment provisions in Articles. Clause 5
No such provision existed Articles may provide for more stringent or restrictive procedure than passing of special resolution for altering certain provisions of the AoA (like a provision can be altered only if agreed to by all the members of the company in writing).
12. Formats of articles of association.
Table A - AoA of Company limited by shares. Table B-MoA of Company limited by shares. Table C-MAA of Company limited by Guarantee and not having a share capital Table D-MAA of Company limited by Guarantee and having a share capital Table E-MAA of an Unlimited Company
Table F-Company limited by Shares. Table G-Company limited by Guarantee and having share capital. Table H-Company limited by Guarantee and not having share capital. Table I-Unlimited Company having share capital. Table J-Unlimited Company not having share capital. 13. Incorporation of a Company.-clause 7
Certificate of Incorporation to be conclusive evidence Action can be taken even after incorporation if incorporation is on the basis of false or incorrect incorporation. Thus Certificate of Incorporation is not treated as conclusive evidence.
14. Formation of Companies with Charitable objects.-clause 8
Section 25 Company. Did not specifically provide for sports, education, research, social welfare and environment protection. Could be only by way of a public or private company. Max. action that can be taken by Central Government (CG) was revocation of license and that too only for violation of any terms of the license.
Specifically provides for all these words. Could be as a OPC or an Association of Persons (AOP). Action besides revocation can be direction for winding up of the Company or amalgamation with another company registered with same objects. Provides for additional grounds for revocation like affairs being conducted fraudulently or prejudicial to public interest.
| Sr. No. | Subject matter | Old provision in the Companies Act,1956 | Corresponding new provision in the Companies Bill,2011 | |||
| 1. | Composition | Contains 658 sections and 15 schedules | Contains 29 chapters with 470 clauses and with 7 schedules. | |||
| 2. | Definitions | Section 2 Contains 67 definitions | Clause 2 of elephant size contains 95 definitions. The additional definitions not included in section 2 are: Auditing Standards; Associate Company; Chief Executive Officer; Chief Financial Officer; Company Liquidator; Called up capital; Company limited by shares; Company limited by guarantee; Control; Employees’ Stock Option; Financial Statement; Financial Year; Global Depository Receipt; Independent Director; Interested Director; Indian Depository Receipt; Issued capital; Financial statement; Key Managerial Personnel ;( Whole-time director’ has been included in the definition of the term ‘key managerial personnel’) One Person Company; Promoter; Remuneration; Small Company; Sweat equity shares; | |||
| Unlimited company; Turnover. | ||||||
| 3. | Definition of Private Company | Restricts the maximum number of members to 50 | To restrict the maximum number of members to 200 | |||
| 4. | Definition of Public Company. | Considers a private company which is a subsidiary of a public company as a public company. | Further enhanced to provide that a private subsidiary of a public company deemed to be a public company even though the subsidiary continues to be a private company in the articles. | |||
| 5. | Definition of Financial Year. | Financial year not defined in section 2 | Defined in clause 2(41) as under: Financial year as defined in clause 2(41) requires Company or body corporate to adopt uniform financial year of 1st April to 31st March every year except in certain exceptional cases. Existing Companies not adopting 1 April to 31 March as financial year for Companies Act purposes to align themselves with 1 April-31 March within two years of commencement of the Companies Act, 2012. | |||
| 6. | Types of Company that can be formed | Public Company or Private Company which can be limited by shares/limited by guarantee or unlimited company. | Besides Public and Private Company, clause 3 also provides for One Person Company as a Private Company. | |||
| 7. | One Person Company(OPC)-clause 3 | Such a concept was absent hitherto. | OPC can be formed. | |||
| 8. | Mandatory contents of the Memorandum | Five clauses were mandatory: Name Clause; Registered office Clause; Objects divisible into: Main Objects; Objects ancillary or incidental to the Main Objects; Other Objects; Liability Clause; Capital Clause | Same except that no classification required for the object clause into Main objects, incidental/ancillary objects, other objects. As a result of the above, section 149(2A) and 149(2B) of the Companies Act is no longer applicable. | |||
| 9. | Reservation of name for proposed Company-procedural aspects-clause 4(4) and 4(5) | Procedural aspects not covered. | Provides for making an application for reservation of new name or change of name of an existing company to the ROC on payment of prescribed fees. | |||
| 10. | Penalty for obtaining name by providing wrong or incorrect information No recourse provided | If company is not incorporated, reserved name shall be cancelled after imposing a penalty not exceeding Rs. 100,000; and If Company is incorporated the ROC may : Give direction to change name within 3 months by passing ordinary resolution or Make a petition for winding up of the company. | ||||
| 11. | Entrenchment provisions in Articles. Clause 5 No such provision existed | Articles may provide for more stringent or restrictive procedure than passing of special resolution for altering certain provisions of the AoA (like a provision can be altered only if agreed to by all the members of the company in writing). | ||||
| 12. | Formats of articles of association. Table A - AoA of Company limited by shares. Table B-MoA of Company limited by shares. Table C-MAA of Company limited by Guarantee and not having a share capital Table D-MAA of Company limited by Guarantee and having a share capital Table E-MAA of an Unlimited Company | Table F-Company limited by Shares. Table G-Company limited by Guarantee and having share capital. Table H-Company limited by Guarantee and not having share capital. Table I-Unlimited Company having share capital. Table J-Unlimited Company not having share capital. | ||||
| 13. | Incorporation of a Company.-clause 7 Certificate of Incorporation to be conclusive evidence | Action can be taken even after incorporation if incorporation is on the basis of false or incorrect incorporation. Thus Certificate of Incorporation is not treated as conclusive evidence. | ||||
| 14. | Formation of Companies with Charitable objects.-clause 8 Section 25 Company. Did not specifically provide for sports, education, research, social welfare and environment protection. Could be only by way of a public or private company. Max. action that can be taken by Central Government (CG) was revocation of license and that too only for violation of any terms of the license. | Specifically provides for all these words. Could be as a OPC or an Association of Persons (AOP). Action besides revocation can be direction for winding up of the Company or amalgamation with another company registered with same objects. Provides for additional grounds for revocation like affairs being conducted fraudulently or prejudicial to public interest. | ||||
COURSE DETAILS FOR NSDC STAR SCHEME
COURSE DETAILS FOR NSDC STAR SCHEME
Sector & Course Details
SSC | Job Roles | Qualification | Fees to be deposited at SIOE for Registration & Assessment | After this step, candidate undergoes the training & appears for third party assessment. If candidate fails in third party assessment, he gets a regular certificate from AISECT based in CRF and the Process ends here | If candidate passes the third party assessment successfully he will get Reward and Certificate. | |
Minimum | Maximum | |||||
IT/ITes Sector Skills Council (NASSCOM) | 1. Domestic- Voice | 12th | Any PG | 4000 | 4000 | |
| 2. Domestic- Non Voice | 12th | Any PG | 4375 | 4375 | ||
| 3. Domestic Data Entry Operator | 12th | Dip. In Computer Sci./Techno. | 4375 | 4375 | ||
| 4. Domestic Bio-Metric Operator | 12th | Dip. In Computer Sci./Techno. | 4150 | 4150 | ||
| 5. Domestic IT Helpdesk Attendant | 12th | Any PG | 4000 | 4000 | ||
| Automotive Skills Development Council (ASDC) | 6. Automotive Service Technician | 10th / ITI in Automobile | Dip. in Automotive Repair | 6000 | 6000 | |
| 7. Machining Assistant | Class 8 pass | ITI | 4000 | 4000 | ||
BFSI Sector Skill Council of India (BFSI) | 8. Business Correspondent & Facilitator | Class 10 | NA | 4000 | 4000 | |
Agriculture Sector Skill Council of India (ASCI) | 9. Banana Farmer | No Entry Level Barrier | NA | 4375 | 4375 | |
| 10. Gardener | 5th Standard | NA | 4375 | 4375 | ||
| 11. Micro Irrigation Technician | 8th Standard Appeared orPassed | NA | 4375 | 4375 | ||
| 12. Tractor Operator | 10th Standard Appeared or Passed | NA | 4375 | 4375 | ||
Retailers Association’s Skill Council of India (RASCI) | 13.Trainee Associate | 10th Pass | NA | 4000 | 4000 | |
| 14. Cashier | NA | NA | 3000 | 3000 | ||
| 15. Sales Associate | 10th Pass | NA | 4000 | 4000 | ||
Telecom Sector Skill Council | 16. Customer Care Executive (Call Centre) | 10+2 or equivalent | Graduate in any Stream | 4000 | 4000 | |
| 17. Sales Executive (Broadband) | Graduate in any stream | MBA in Sales | 4000 | 4000 | ||
Instructions to Become a Licensed IATA Travel Agent
Instructions to Become a Licensed IATA Travel Agent
Instructions
1
Produce proof that you are working for a legally registered travel agency, or if you work independently, that your business is legal. Submit all relevant business licenses, tax forms and insurance records. Include documentation of all local and state licensing.
2
Provide financial records showing the fiscal solvency of your travel agency. Bring a copy of all bank transactions, organized neatly and in chronological order. Make a copy of your business plan and include it to show that you are adhering to your budget plans.
3
Show evidence of your commitment to the travel industry. Present your sales records showing your achievements in selling airline tickets, hotel arrangements, individual and group tours. Enter all your sales totals into a spreadsheet and present the information in a clear and understandable format.
4
Prepare copies of all insurance policies covering your work as a travel agent, including errors and omissions insurance. This requirement may be waived if you have five years experience as a travel agent. If you wish to waive this insurance requirement, you must provide proof of your five years of work experience.
5
Pay the required accreditation fee, which is $165 if you are self-employed or work for a private agency. The fee is $360 if you work for a corporate travel department. Pay the accreditation fee in U.S. dollars.
6
Receive your full accreditation as a licensed IATA travel agent. Get a letter with the date you received accreditation, an official IATA Certificate of Accreditation, an IATA window decal to display at your agency, and your unique IATA numeric code, which gives you international recognition as a licensed IATA travel agent.
NSDC STAR SCHEME
NSDC STAR SCHEME
STAR SCHEME stand for = Standard Training Assessment Reward
The scheme has been launched by Ministry of Finance, Government of India and driven by National Skill Development Corporation (NSDC) through its training partners and assessment partners.
Eligibility criteria:
1. Any candidate of Indian nationality
2. Above 18 years of age, who undergoes skill development training in an eligible sector by an eligible training provider.
The Minimum / Maximum Duration of Training:-
1. The minimum / maximum duration of trainingis 1 month. However, a branch manager can extend it based on his judgment of student ability to clear the assessment.
2. There is no restriction on the minimum hours of training per day as long as the student is well versed with the content of the assessment.
Upon successfully qualifying the exam, the candidate will be provided with the following:-
1) Grant Money.
2) A secure certificate with the logo of Government of India, the Sector Skill Council and the Training partner will be provided.
3) GOI, SSC and Training partner certificate which will be specifically recognized for jobs.
4) The certification is viewed very positively by the industry and will boost the prospects of the candidate.
5) The scheme can be availed by any person fulfilling the above mentioned eligibility criteria, therefore working employees or government employees can also avail this scheme.
Documents List and Affidavit Attached with Travel Agents Licence
Documents List and Affidavit Attached with Travel Agents Licence
List of Documents Required
1. Residence Certificate
2. Birth Certificate/Matriculation Certificate
3. Voter l.D. Card/Aadhar Card/ Ration Card
4. Copy of Passport
5. Three Passport size Photographs.
6. Copy of Pan Card
7. lncome Tax Return for the last three years
8. Bank Account Statement of previous year
9. Bank Draft of Rs. 25000/- (for firms, which have been in existence for less than five years) and or of
Rs. 1,00,000 /- (For the firms, which have been in existence for more than five years),
10. Copy of the ownership of the accommodation or rent deed for three years.
1,1. Site plan of the accommodation.
12. Copy of Partnership Deed in case of Partnership Firm.
13. Copy of Partnership Deed in case of Partnership Firm (if registered).
14. Copy of certificate of the bank, in case of Proprietorship Firm.
Affidavit
I..............................................................S/o........................................................................................... R/o........................................................................................................................................................
Jalandhar, do hereby solemnly affirm and declare as under:-
1. That the deponent is Citizen of lndia.
2. That the deponent has applied for grant of license under (The Punjab Prevention of Human Smuggling
Act,2012).
3. That the deponent was never convicted in any criminal case, not any criminal proceeding are pending
against him in any court of law till date.
4" That the deponent is of sound mind and was not ever declared as insolvent or bankrupt.
5" That the deponent does not whole any office of profit, either under the Government of lndia or any State
Government.
6. I hat the deponent has not been barred for carrying out this profession by any agency regulating this
profession.
1. That the deponent is having adequate space/accommodation as required under the act for running his
profession and the same is duly registered under the Punjab Shop & Commercial Establishment Act, 1958.
8. That the deponent is having sufficient arrangement to maintain record of his client in electronic form and
will make available soft copy of the same to the person/ client, who approaches the deponent.
9. That the deponent undertake that if he carry out his profession through authorized person, then he willget
the antecedent of such persons verified through the police of the area concerned and shall also obtain a bond
from person duly witness by two persons, who are lncome Tax Assesses.
10. That the deponent undertake to maintain the record of his client for a minimum period of five years and
will furnish the detail of the service rendered to the client on monthly basis to the competent authority with a
copy thereof State Govt. along with detail of fee charge from the said client.
11. That the deponent undertakes that in case of any advertisement or publicity w.r.t. his profession or to hold
seminar in respect thereof, he shall inform the competent authority in writing by giving complete detail or
content thereof.
Deponent
Verification:
Verified that the contents of the above affidavit are true and correct as per the knowledge and information
received and nothing has been concealed therein.
Vanfied at Jalandhar,
List of Documents Required
1. Residence Certificate
2. Birth Certificate/Matriculation Certificate
3. Voter l.D. Card/Aadhar Card/ Ration Card
4. Copy of Passport
5. Three Passport size Photographs.
6. Copy of Pan Card
7. lncome Tax Return for the last three years
8. Bank Account Statement of previous year
9. Bank Draft of Rs. 25000/- (for firms, which have been in existence for less than five years) and or of
Rs. 1,00,000 /- (For the firms, which have been in existence for more than five years),
10. Copy of the ownership of the accommodation or rent deed for three years.
1,1. Site plan of the accommodation.
12. Copy of Partnership Deed in case of Partnership Firm.
13. Copy of Partnership Deed in case of Partnership Firm (if registered).
14. Copy of certificate of the bank, in case of Proprietorship Firm.
Affidavit
I..............................................................S/o........................................................................................... R/o........................................................................................................................................................
Jalandhar, do hereby solemnly affirm and declare as under:-
1. That the deponent is Citizen of lndia.
2. That the deponent has applied for grant of license under (The Punjab Prevention of Human Smuggling
Act,2012).
3. That the deponent was never convicted in any criminal case, not any criminal proceeding are pending
against him in any court of law till date.
4" That the deponent is of sound mind and was not ever declared as insolvent or bankrupt.
5" That the deponent does not whole any office of profit, either under the Government of lndia or any State
Government.
6. I hat the deponent has not been barred for carrying out this profession by any agency regulating this
profession.
1. That the deponent is having adequate space/accommodation as required under the act for running his
profession and the same is duly registered under the Punjab Shop & Commercial Establishment Act, 1958.
8. That the deponent is having sufficient arrangement to maintain record of his client in electronic form and
will make available soft copy of the same to the person/ client, who approaches the deponent.
9. That the deponent undertake that if he carry out his profession through authorized person, then he willget
the antecedent of such persons verified through the police of the area concerned and shall also obtain a bond
from person duly witness by two persons, who are lncome Tax Assesses.
10. That the deponent undertake to maintain the record of his client for a minimum period of five years and
will furnish the detail of the service rendered to the client on monthly basis to the competent authority with a
copy thereof State Govt. along with detail of fee charge from the said client.
11. That the deponent undertakes that in case of any advertisement or publicity w.r.t. his profession or to hold
seminar in respect thereof, he shall inform the competent authority in writing by giving complete detail or
content thereof.
Deponent
Verification:
Verified that the contents of the above affidavit are true and correct as per the knowledge and information
received and nothing has been concealed therein.
Vanfied at Jalandhar,
Procedure for Registration of a Private Limited Company
- Select, in order of preference, a few suitable names, not less than four, indicative of the main objects of the company. Ensure that the name does not resemble the name of any other company already registered and also does not violate the provisions of Emblems and names (prevention of improper use) Act, 1950
- Apply to the concerned ROC to ascertain the availability of name in e-Form1 A of General Rules and Forms along with a fee of Rs. 500/-. If proposed name is not available apply for a fresh name on the same application the digital signature of the applicant proposing the company has to be attached in the form.
- After the name approval the applicant can apply for registration of the new company by filing the required forms (e-Forms 1, 18,32 ) within six months of name approval.
- Arrange for the drafting of the Memorandum and Articles of Association by the solicitors, vetting of the same by ROC and printing of the same.
- Arrange for stamping of the Memorandum and Articles with the appropriate stamp duty.
- Get the Memorandum and Articles signed by atleast two subscribers in his own hand, his father's name, occupation, address and the number of shares subscribed for and witnessed by atleast one person.
- Ensure that the Memorandum and Article is dated on a date after the date of stamping.
- Pay the prescribed registration fee and filing fee.
- The following documents are required to be filed with the Registrar of Companies:
- Memorandum of Association (duly stamped) and a duplicate thereof.
- Articles of Association (duly stamped) and a duplicate thereof.
- The agreement, if any, which the company proposes to enter into with any individual for appointment as its managing or whole time director or manager.
- A copy of the agreement, if any, referred to in the articles.
- A power of attorney, if any (with prescribed stamps).
- A copy of the letter of the Registrar of Companies intimating the availability of the proper name.
- e-Form No. 1 (with prescribed stamps) for incorporation of a Company.
- e-Form No. 18, if desired for change of situation of registered office.
- e-Form No. 32 and e-Form 32 Addendum, if desired for Partic
- ulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a managing director or director or manager or secretary of a company and / or undertaking to take and pay for qualification shares
- Document evidencing payment of prescribed registration and filing fee.
- The promoters, as being the subscribers to the Memorandum and Articles should be the same person whose names are appearing in the original application for availability of name (e-Form 1A). If the names have changed, ROC will not register the company until and unless, the name is got re-validated with the new subscribers as applicants, by paying another fee of Rs 500.
- Obtain Certificate of Incorporation from ROC. If the registrar is satisfied that all the requirements have been complied with by the companies, it will register the company and issue a Certificate of Incorporation of the company. The date mentioned in the certificate is the date of incorporation of the company.
- Under Section 149(7) of the Companies Act, a private company can commence business right from the date of its incorporation.
Procedure for Registration of a Partnership Firm
- The law relating to a partnership firm is contained in the Indian Partnership Act, 1932.
- Under Section 58 of the Act, a firm may be registered at any time ( not merely at the time of its formation but subsequently also ) by filing an application with the Registrar of Firms of the area in which any place of business of the firm is situated or proposed to be situated.
- Application shall contain:-
- name of the firm
- place or principal place of business
- names of any other places where the firm carries on business.
- date on which each partner joined the firm
- name in full and permanent address of partners.
- duration of the firm
- Application shall be signed and verified by all the partners or their duly authorized agents.
- Application shall be accompanied by prescribed fee as well as the following documents:
- Prescribed Registration Form for Incorporation of a Company. (Form NO. 1 and Affidavit)
- certified true copy of the Partnership deed entered into.
- ownership proof of the principal place of business
- Name of the firm should not contain any words which may express or imply the approval or patronage of the government except where the government has given its written consent for the use of such words as part of the firms name.
- Application shall contain:-
- Under Section 59 of the Act, when the Registrar of Firms is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in the Register of Firms and issue a Certificate of Registration.
- penalty for furnishing false particulars (Section 70)Any person who signs any statement, amending statement, notice or intimation under this Chapter containing any particular which he knows to be false or does not believe to be true or containing particulars which he knows to be incomplete or does not believe to be complete, shall be punishable with imprisonment which may extend to three months, or with a fine or with both.
- Any alterations, subsequent to Registration shall be notified to the registrar:-
- Change in firm name and principal place of business (Section 60) shall require sending of a new application form along with the prescribed fee, duly signed and verified by all the partners.
- Change relating to opening and closing of branches. (Section 61)
When a registered firm discontinues business at any place or begins to carry on business at any place, such place not being its principal place of business, any partner or agent of the firm may send intimation thereof to the Registrar. - Change in the name and permanent address of any partner (Section 62)
When any partner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent of the firm to the Registrar - Change in the constitution of the firm and its dissolution [Section 63(1)]
when change occurs in the constitution of the firm, any of the new, continuing or the outgoing partner, while when a registered firm is dissolved , any person who was a partner immediately before the dissolution or the agent of any such partner or person specially authorized on his behalf, may give notice of such a change to the Registrar, specifying the date thereof. - Under Section 63(2), when a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, he or his agent specially authorized in this behalf, may give notice to the Registrar that he has or has not become a partner.
- Accordingly, the various forms prescribed under the Indian Partnership Act, 1932, for the alterations in the registered partnership firm are:-
a. Form No. II :- For change of principle place of business & change in the name of the firm.
b. Form No. III :- For change of the other then principle place of business.
c. FoForm No. IV :- For change of name of the partners & permanent address of the partners.
d. Form No. V :- For change of constitution of forms & addition or retirement of partner.
e. Form No.VI :- For dissolution of the firm
f. Form No. VII :- For minor partner attains the age of majority.
- Partnership Act, 1932 does not provide for compulsory registration of firms. It is optional for partners to set the firm registered and there are no penalties for non-registration.However, Section 69 of the Act which deals with the effects of non-registration denies certain rights to an unregistered firm. Under the Act :-
- A partner of an unregistered firm cannot file a suit in any court against the firm or other partners for the enforcement of any right arising from a contract or right conferred by the Partnership Act unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm.
- No suits to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm.
- An unregistered firm or any of its partners cannot claim a set off (i.e. mutual adjustment of debts owned by the disputant parties to one another) or other proceedings in a dispute with a third party.
Hence, every firm finds it advisable to get itself registered sooner or later.
- However, non-registration of a Partnership firm shall not affect:-
- The rights of third parties to sue the firm and/or its partners.
- The firms or partners in the firms which have no place of business in the territories to which this Act extends, or whose places of business in the said territories are situated in areas to which the act does not apply.
- any suit or claim or set-off not exceeding one hundred rupees in value which, in the Presidency-towns, is not of a kind specified in Section 19 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), or outside the Presidency- towns, is not of a kind specified in the Second Schedule to the Provincial small Cause Courts Act, 1887 (9 of 1887), to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.
- the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved firm.
- the powers of an official assignee, receiver or Court under the Presidency-towns Insolvency Act, 1909 (3 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), to realise the property of an insolvent partner.
- Rectification of mistakes (Section 64 of the Act)
- The Registrar shall have power at all times to rectify any mistake in order to bring the entry in the Register of Firms relating to any firm into conformity with the documents relating to that firm filed under this Act.
- On application made by all the parties who have signed any document relating to a firm filed under this Act, the Registrar may rectify any mistake in such document or in the record or note thereof made in the Register of Firms.
- Inspection of Register and filed documents (Section 66 of the Act:)
- The Register of Firms shall be open to inspection by any person on payment of such fee as may be prescribed.
- All statements, notices and intimations filed under this Act shall be open to inspection, subject to such conditions and on payment of such fee as may be prescribed.
- Grant of copies (Section 67 of the Act)
The Registrar shall on application furnish to any person, an payment of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the Register of Firms.
TECHNICAL AND NON-TECHNICAL LIMITATIONS OF E.COMMERCE
Technical Limitations of EC
The technical limitations of EC are as follows: ·
The technical limitations of EC are as follows: ·
- There is a lack of system security, reliability, standards, and some communication protocols. · There is insufficient telecommunication bandwidth. ·
- The software development tools are still evolving and changing rapidly.
- It is difficult to integrate the Internet and EC software with some existing applications and databases.
- Vendors may need special Web servers and other infrastructures, in addition to the network servers.
- Some EC software might not fit with some hardware, or may be incompatible with some operating systems or other components. As time passes, these limitations will lessen or be overcome; appropriate planning can minimize their impact.
NonTechnical Limitations
Following are the major ones.- Cost and justification The cost of developing EC in-house can be very high, and mistakes due to lack of experience may result in delays.
- There are many opportunities for outsourcing, but where and how to do it is not a simple issue. Furthermore, to justify the system one must deal with some intangible benefits (such as improved customer service and the value of advertisement), which are difficult to quantify.
- Security and privacy These issues are especially important in the B2C area, especially security issues which are perceived to be more serious than they really are when appropriate encryption is used. Privacy measures are constantly improved.
- Yet, the customers perceive these issues as very important, and, the EC industry has a very long and difficult task of convincing customers that online transactions and privacy are, in fact, very secure.
- Lack of trust and user resistance Customers do not trust an unknown faceless seller (sometimes they do not trust even known ones), paperless transactions, and electronic money. So switching from physical to virtual stores may be difficult.
- Other limiting factors. Lack of touch and feel online. Some customers like to touch items such as clothes and like to know exactly what they are buying.
- Many legal issues are as yet unresolved, and government regulations and standards are not refined enough for many circumstances. · Electronic commerce, as a discipline, is still evolving and changing rapidly. Many people are looking for a stable area before they enter into it.
- There are not enough support services. For example, copyright clearance centers for EC transactions do not exist, and high-quality evaluators, or qualified EC tax experts, are rare.
- In most applications there are not yet enough sellers and buyers for profitable EC operations.
- Electronic commerce could result in a breakdown of human relationships.
- Accessibility to the Internet is still expensive and/or inconvenient for many potential customers. (With Web TV, cell telephone access, kiosks, and constant media attention, the critical mass will eventually develop.)
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