1d6d0074-2236-42aa-91a0-f8d0e276e844.pptx

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1. Module 6 Company Incorporation 

2. Topics to be covered Process of Company Incorporation Process of registration Importance of Marketing Funding Four stages of Start Up Intellectual property protection and Ethics Patents   Copyright  Trademark Geographical indications  Ethical and social responsibility and challenges. 

3. Process of Company Incorporation Steps to be taken to get a new company incorporated: • Select, in order of preference, at least one suitable name upto a maximum of six names, indicative of the main objects of the company. • Ensure that the name does not resemble the name of any other already registered company and also does not violate the provisions of emblems and names (Prevention of Improper Use Act, 1950) by availing the services of checking name availability on the portal. • Apply to the concerned RoC to ascertain the availability of name in eForm1 A by logging in to the portal. A fee of Rs. 500/- has to be paid alongside and the digital signature of the applicant proposing the company has to be attached in the form. If proposed name is not available, the user has apply for a fresh name on the same application. •

4. Process of Company Incorporation After the name approval the applicant can apply for registration of the new company by filing the required forms (that is Form 1, 18 and 32) within 60 days 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 the Articles signed by at least two subscribers in his/her own hand, his/her father's name, occupation, address and the number of shares subscribed for and witnessed by at least one person. • Ensure that the Memorandum and Article is dated on a date after the date of stamping.

5. Process of Company Incorporation Login to the portal and fill the following forms and attach the mandatory documents listed in the e-Form: Declaration of compliance - Form-1 Notice of situation of registered office of the company - Form-18. Particulars of the Director's, Manager or Secretary - Form-32.

6. Process of Company Incorporation Submit the following e-Forms after attaching the digital signature, pay the requisite filing and registration fees and send the physical copy of Memorandum and Article of Association to the RoC • After processing of the Form is complete and Corporate Identity is generated obtain Certificate of Incorporation from RoC. Additional steps to be taken for formation of a Public Limited Company: To obtain Commencement of Business Certificate after incorporation of the company the public company has to make following compliance • File a declaration in e-Form 20 and attach the statement in lieu of the prospectus(schedule III) OR • File a declaration in e-Form 19 and attach the prospectus (Schedule II) to it. • Obtain the Certificate of Commencement of Business.

7. Process of Registration of a company or a start-up Whoever is willing to register a startup or a new company in India then you need to record it in Indian official records i.e. Ministry of Corporate Affairs (MCA).  One does not need to visit the corporate office for registration as it can be done while sitting at home. The registration includes Digital Signature Certificate(DSC), Director Identity Number(DIN) and filing for an e-form.

8. Process of Registration of a company or a start-up Step 1:  Acquire Digital Signature Certificate (DSC) Step 2:  Acquire Director Identification Number (DIN) Step 3:  Create an account on MCA portal- New user registration @ mca.gov.in Step 4:  Incorporate or Apply for the company to be registered

9. List of documents required before submission of a company Original copy of formal letter issued by ROC regarding availability of Company name DIN of all those directors of a proposed company DSC - Digital Signature Certificate Form-1 for incorporation of a company Form-18 for situation or address of the proposed company Form-32 for particulars of proposed directors, managers and secretary

10. Importance of marketing Marketing deals with identifying and meeting human and social needs. One of the shortest definitions of marketing is ―meeting needs profitably. The objective of all business enterprises is to satisfy the needs and wants of the society. Marketing is, therefore, a basic function of all business firms. When a salesperson sells washing machines, a doctor treats a patient or a Government asks people to take their children for getting polio drops, each is marketing something to the targets.

11. Importance of Marketing Enables to improve the quality of goods and services Helps in improving the standard of living of people Generates employment both in production and distribution areas Will engage in exploiting more and more economic resources Marketing makes or breaks a small enterprise

12. Funding Funding refers to the money required to start and run a business. It is a financial investment in the company for product development,  manufacturing, expansion, sales and marketing, office spaces, and inventory

13. Stages of Strat-ups There are multiple sources of funding available for startups. However, the source of funding should typically match the stage of operations of the startup. Rraising funds from external sources is a time-consuming process and can easily take over 6 months to convert.

14. Stages of Strat-ups

15. Intellectual property protection and Ethics Intellectual property rights are a socio-economic tool that create a temporary monopoly for inventor firms and enable such firms to charge prices for their innovations that are many times higher than the marginal cost of production of the innovations.  This allows the inventor firms to salvage their research-costs and secure a profit on their innovations.  The ethical issues surrounding intellectual property rights are most pertinent when it is socially valuable goods that are given intellectual property protection.

16. Patents A patent is a property right issued by a government authority allowing the holder exclusive rights to the invention for a certain period of time. A  patent  safeguards an original invention for a certain period of time. By granting the right to produce a product without fear of competition for the duration of the patent, an incentive is provided for companies or individuals to continue developing innovative new products or services.

17. Types of patent

18. Trademark Aa trademark protects words and design elements that identify the source of a product.  Brand names and corporate logos are primary examples.  A service mark is similar, except that it safeguards the provider of a service instead of a tangible good.  The term “trademark” is often used in reference to both designations. Some examples of trademark infringement are fairly straightforward. Y You’ll probably run into trouble if you try to bottle a beverage and call it Coca-Cola or even use the famous wave from its logo since both have been protected for decades.

19. Copyrights Copyrights protect “original works of authorship,” such as writings, art, architecture, and music.  For as long as the copyright is in effect, the copyright owner has the sole right to display, share, perform, or license the material. 1 One notable exception is the “fair use” doctrine, which allows some degree of distribution of copyrighted material for scholarly, educational, or news-reporting purposes.  Technically, you don’t have to file for a copyright to have the piece of work protected. It’s considered yours once your ideas are translated into a tangible form, such as a book, music, or published research

20. Geographical indication A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.  In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

21. What right does a geographical indication provide? A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards.  For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication. However, a protected geographical indication does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication. Protection for a geographical indication is usually obtained by acquiring a right over the sign that constitutes the indication.

22. For what type of products geographical indications be used Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and I ndustrial products.

23. How are geographical indications protected There are three main ways to protect a geographical indication: so-called  sui generis  systems (i.e. special regimes of protection); using collective or certification marks; and methods focusing on business practices, including administrative product approval schemes.

24. Ethical and social responsibility and challenges Ethics is the study of moral obligation involving the distinction between right and wrong. As a consequence, the study of ethics paved the way for the adaption of the general rules of conduct in society. The rules about how entrepreneurs ought to behave are referred to as business ethics. The ethical behavior required of entrepreneurs is determined by the following: The public; Interest groups like the Society of Prevention of Cruelty to Animals;Business organizations; and the individual’s personal morals and values.

25. Social responsibility Social Responsibility means eliminating corrupt, irresponsible or  unethical behaviour which might harm to the community, its people  and the environment

26. Values of an entrepreneur

27. Social Responsibilty of an Entrepreneur Towards Different Sections of The Society Responsibility Towards Employees Responsibility Towards Customers Responsibility Towards Shareholders Responsibility Towards Suppliers and Creditors Responsibility Towards Public in general

28. Causes of Growing Concern for Social Responsibility Social responsibility is a very effective exercise of public relations.  Image building of a business house in a society.  Two-way activities, CSR make the upliftment of society, which in turn will co-operate with business firm in achieving their business goals.  To make the best use of natural resources so as to raise the level of national income and standard living of people.  To create more and more employment opportunities for semiskilled people  To protect the ecology of nation.  To contribute to the economic development of backward region of the country.

29. Thank You

30. References https://www.indiatoday.in/information/story/how-to-register-a-company-startup-in-india-1595907-2019-09-05 https://uou.ac.in/sites/default/files/slm/HM-303.pdf https://www.startupindia.gov.in/content/sih/en/looking_for_funding.html https://www.investopedia.com/articles/investing/111014/patents-trademarks-and-copyrights-basics.asp https://www.wipo.int/geo_indications/en/ file:///E:/SJBIT/Even%20sem%202021/ED&LA/ethical%20and%20social%20issued%20in%20entrepreneurship.pdf