India has always been a home to the largest number of entrepreneurs in the world. A recent survey conducted by Startup Genome, revealed that Bangalore is a hot-spot in India for every entrepreneur and proving its credibility has shown an immense rise in start-ups. Hence, popularly termed as Startup capital of India. Prarambh is a legal support service for start-ups not only in Bangalore but also start-ups across India. From determining when and how to set up a company, to negotiating co-founder agreements or employee agreements, and determining equity for employees, we help you entrepreneurs to find solutions to legal issues faced by start-ups.
Do you really require Legal Guidance?
One of the most important decisions you make starting a business is choosing a business structure. It could be a Sole proprietorship or partnership or Private Limited Company or One Person Company (OPC) or Limited liability partnership (LLP). The business model you choose will determine the legal structure of your company.
Few legal checks for every start-up:
1. Legal documentation
Documentation is necessary for every Company. Issues may arise if the work is not done through on black and white putting out rights and obligations on paper. A start up should ensure that it’s paperwork is in order and it is in compliant with law, as this benefits the company as it grows. Else Start-ups which compromise on paperwork have a tough time at the time of VC funding and even while defending in court. Employment agreements, vendor agreements, confidentiality agreements, Agency Agreements, Share Holders Agreements and customer service terms and conditions. Apart from the above, the Company must review and draft :-
- Company Incorporation Documents
- Partnership Agreement
- IPR Licensing Agreements
- Agency Agreements
- Company HR Policies
- Terms and Conditions for the Website, if it is an e-business
- Return Policy
- Data Protection Policy
- Data Breach Policy
- Prevention of Sexual Harassment Policy
- Funding rounds – Investment Agreements, Share Holding Agreement, Share Subscription Agreement, Founder Agreement, Term Sheets
- Distribution Agreement
- Non-Disclosure Agreements
- Employment Agreements
- Franchise Agreements
- Health and Safety Policy
- Employee Code of Conduct Handbook
- Transfer Pricing Agreements
2. Take Notice of Trademarks
It can be disappointing for a start-up that after several years of running a business you find that another entity has a similar brand name resembling the brand of your Company. In such scenario, after gaining goodwill in the market for several years, you may have to change the brand name to avoid IP infringements and other conflicts that mislead consumers. Conflicting trademarks can cause brand confusion resulting in rebranding and additional costs have to be incurred by the company to rebrand.
Hence, it is important for start-ups to patent your innovation, copyright your logos, trade names, before someone steals it. An idea does not last long in the market and someone else might come up with the same in some time. Although, one can always fight passing off of trademarks and copyrights, caution is better than Litigation.
3. Read Those Terms of Service
4. Tax policy
Before establishment of a company, it is important for every entrepreneur to take note of State tax policies. Ignorance and non-payment of taxes is a breach of the enactment and the tax authorities can impose penalties on the Company.
5. Labour Compliance
Every state has a different set of labour laws which an entrepreneur should take note of and comply with.
6. Exit routes
Some entrepreneurs still figure out a way to wind up their company after few years of its initiation. One could fall into trouble if they don’t get rid of all their liabilities before liquidation of a company.
We have introduced a special scheme for start-ups across India.
- Consultation via web chat (Web Conferencing)
- Consultation via chat
- Consultation via appointment
Mail us at [email protected]
Or seek an appointment with us by following the link.