April 2024

Section 11 – THE PATENTS ACT, 1970

Priority dates of claims of a complete specification —(1) There shall be a priority date foreach claim of a complete specification.(2) Where a complete specification is filed in pursuance of a single application accompaniedby—(a) a provisional specification; or(b) a specification which is treated by virtue of a direction under subsection (3) ofsection 9 as a provisional specification,and the claim is fairly based on the matter disclosed in the specification referred to inclause (a) or clause (b), the priority date of that claim shall be the date of the filing of therelevant specification.(3) Where the complete specification is filed or proceeded with in pursuance of two or moreapplications accompanied by such specifications as are mentioned in sub-section (2) andthe claim is fairly based on the matter disclosed—(a) in one of those specifications, the priority date of that claim shall be the date of thefiling of the application accompanied by that specification;(b) partly in one and partly in another, the priority date of that claim shall be the dateof the filing of the application accompanied by the specification of the later date.(3A) Where a complete specification based on a previously filed application in India has beenfiled within twelve months from the date of that application and the claim is fairly basedon the matter disclosed in the previously filed application, the priority date of that claimshall be the date of the previously filed application in which the matter was first disclosed.(4) Where the complete specification has been filed in pursuance of a further application madeby virtue of sub-section (1) of section 16 and the claim is fairly based on the matterdisclosed in any of the earlier specifications, provisional or complete, as the case may be,the priority date of that claim shall be the date of the filing of that specification in which theTHE PATENTS ACT, 1970Page 15matter was first disclosed.(5) Where, under the foregoing provisions of this section, any claim of a complete specificationwould, but for the provisions of this sub-section, have two or more priority dates, thepriority date of that claim shall be the earlier or earliest of those dates.(6) In any case to which sub-sections (2), (3), (3A), (4) and (5) do not apply, the priority date of aclaim shall, subject to the provisions of section 137, be the date of filing of the completespecification.(7)The reference to the date of the filing of the application or of the complete specification inthis section shall, in cases where there has been a post-dating under section 9 or section 17or, as the case may be, an ante-dating under section 16, be a reference to the date as sopost-dated or ante-dated.(8)A claim in a complete specification of a patent shall not be invalid by reason only of—(a) the publication or use of the invention so far as claimed in that claim on or after thepriority date of such claim; or(b) the grant of another patent which claims the invention, so far asclaimed in the first mentioned claim, in a claim of the same or a later priority date. 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Winding Up of a Company by Tribunal 

Winding up a company, often referred to as liquidation, comes into play when a company faces financial difficulties and is incapable of meeting its obligations to creditors. It entails a systematic process wherein the company’s assets are liquidated to generate funds for settling its outstanding debts. After all the debts have been satisfactorily settled, any surplus funds are distributed among the shareholders and this marks the formal dissolution of the private limited company registration, bringing an end to its existence. The winding-up of a company can be executed through two distinct avenues, either by the tribunal’s intervention or voluntarily initiated by the company itself. In this blog, we shall understand the winding up of a company by tribunal in India. What is Winding Up by Tribunal? Winding up by tribunal is a type of compulsory winding up that is initiated by an external entity, such as a creditor, and is usually done through a tribunal. The tribunal is a judicial body that has the power to order the winding up of a company on various grounds, such as: The company is unable to pay its debts. The company’s actions have been detrimental to public order, decency or morality, the security of the state, friendly relations with foreign states, and India’s sovereignty and integrity. The company has been conducting its affairs in a fraudulent or unlawful manner. The company has made a default in filing its financial statements or annual returns for five consecutive financial years. The company has been ordered to be wound up by a tribunal under any other law for the time being in force. The tribunal is of the opinion that it is just and equitable that the company should be wound up. The tribunal can also order the winding up of a company on the application of the Registrar of Companies, the Central Government, the State Government, or a person authorized by the Central Government. The tribunal can appoint a provisional liquidator or a company liquidator to take charge of the company’s affairs and assets, and to carry out the winding up process. The tribunal can also supervise the winding up process and give directions to the liquidator as it deems fit. The tribunal can also make orders for the dissolution of the company, the distribution of the assets, the settlement of claims, the audit of accounts, and the disposal of records. Reasons for Winding Up a Company by the Tribunal Non-Payment of Debts Exceeding Rs 1 Lakh- In situations where a company defaults on its debt payments, and the outstanding debt owed to a creditor surpasses Rs 1 lakh, and remains unpaid for a period of 21 days beyond the due date, or if an execution decree is issued in favor of the creditor, the tribunal is authorised to decree the winding up of the company. Special Resolution for Winding Up- A company may be subject to winding up by the tribunal if it has passed a special resolution authorising such action. Failure of Revival and Rehabilitation for Sick Companies- In the case of financially distressed or “sick” companies where revival and rehabilitation efforts prove unsuccessful, the tribunal has the authority to order the winding up of the company. Fraudulent Formation or Conduct of Business- Should it come to light that a company was established through fraudulent means or if there exists substantiated proof of fraudulent business practices, the tribunal is empowered to issue a directive for the winding up of the company. Unlawful Purpose or Misconduct by Management- Winding up by the tribunal can be necessary if the company was formed for an unlawful purpose, or if the company’s management is involved in misconduct or misfeasance. Tribunal’s Determination for the Good Faith of the Company- The tribunal has the authority to decree the winding up of a company if it determines that such action is essential for the overall health and integrity of the company. Who can be Petitioners for Winding Up of a Company? The right to file a petition for the winding up of a company is granted to various entities as stipulated under Section 272 of the Act. The following parties are eligible to present such a petition: The Company Itself: The company in question has the authority to file a winding-up petition. Shareholders or Contributors: Shareholders or contributors of the company who possess fully paid-up shares also have the authority to instigate the winding-up process by submitting a petition. Contingent or Prospective Creditors: Those creditors whose debts remain unpaid and are either contingent or prospective in nature have the right to file a winding-up petition. Registrar: The registrar responsible for company affairs is empowered to file a winding-up petition. Liquidators: Liquidators appointed for the winding up of a company may file a petition to initiate the process. What are the Related Laws under the Company Act, 2013? The Company Act, 2013 is the main law that governs the winding up of a company by tribunal in India. The Act provides for the following provisions related to the winding up of a company by tribunal: Section Provision 271 Specifies the circumstances under which the tribunal may order the winding up of a company 272 Specifies the persons who may file a petition for the winding up of a company by tribunal, and the form and manner of the petition 273 Specifies the powers of the tribunal to order the winding up of a company or to dismiss the petition or to make any other order as it thinks fit 274 Specifies the directions that the tribunal may give to the company or the creditors or any other person in relation to the winding up petition 275 Specifies the appointment and removal of the provisional liquidator by the tribunal 276 Specifies the effect of the appointment of the provisional liquidator on the powers of the board of directors and the status of the company 277 Specifies the powers and duties of the provisional liquidator 278 Specifies the appointment and removal of the company liquidator by the tribunal 279 Specifies the effect

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Annual Contract Value (ACV)

Annual Contract Value (ACV) is the average annual revenue generated from each customer contract, excluding fees. If a customer signs a 5-year contract for $50,000, averaging this value per year will give you an annual contract value of $10,000. What is ACV ? Annual contract value (ACV) breaks down the total value of a customer’s contract into an average value per year. For example, a $10 million, 10-year contract has an ACV of $1 million per year.Annual contract value (ACV) is a revenue metric you can use to analyze your data and get a deeper understanding of the impact of sales and marketing initiatives so you can highlight strategic insights for your business. How to Calculate Annual Contract Value There are multiple ways you can calculate the ACV for your customer base. But at the highest level, the ACV formula is total contract value divided by the total years in that contract (focusing solely on recurring revenue). ACV Formula Let’s see how the formula works in an example. Say a new customer signs a 3-year contract with you for $30,000 per year of service, and you give them a 30% discount on the first year.  Their annual payments would look like this: Year 1 = $20,000 Year 2 = $30,000 Year 3 = $30,000 For a total contract value of $80,000 over 3 years. To calculate the ACV for this customer, you would take the total contract value and divide it by the number of years in the contract.  ACV = $80,000 / 3 = ~$26,667 By calculating the average amount you receive each year, you can easily visualize how your SaaS pricing strategy affects your annual income from this customer. There are several ways you can look at ACV in your business, including:  Individual ACV per customer (like the example)  Total ACV of all customers Average ACV of all customers Total ACV for a time period Average ACV for a time period How to use ACV ? Because ACV normalizes your contract amounts, you can use it to: Compare customers whose contracts differ in type or duration Discover which accounts provide the greatest revenue value Better service individual clients, especially those with the greatest long-term potential Why ACV Is Important Leveraging ACV as a strategic finance tool helps you get a better understanding of your SaaS business in two ways: It can help you understand the true value of each customer when you have variable pricing.  It informs which type of SaaS products you offer so you can tailor your growth strategies accordingly.  Helps Shape Your Pricing Strategy- SaaS companies are increasingly shifting toward consumption-based pricing, which means they offer pricing tiers that depend on usage variables. This pricing strategy puts annual income from individual customers in flux, impacting your ACV calculations. There are several reasons why the actual income you earn from a contract varies each year, including:  Discounted pricing Onboarding costs and other one-time fees Service and feature add-ons  Product usage variables such as user licenses, features, queries, and number of integrations ACV gives you a clear picture of the monetary value of each company by normalizing the total income over contract length. This way, when you look at historical data, you can see the effect your pricing strategy has on the value of a customer or various customer cohorts. Informs Business Strategy & Decision-Making- SaaS companies come in a wide variety of shapes and sizes. But from an annual contract value perspective, you can split the SaaS industry into two broad categories: high ACV and low ACV. High ACV companies rely on bringing in fewer contracts with higher ACV. They’re more common for B2B companies that serve enterprise-level organizations.  Low ACV companies focus on attracting a large number of low ACV contracts. This is more common in the B2C industry, especially with paid mobile apps.  SaaS companies with products that can be used by individuals and organizations of all sizes might have a high ACV product tier and a low ACV one. You see this from companies like HubSpot and Salesforce, which have free tiers that are meant to drive up customer acquisition for later expansion and increases in ACV.  Understanding which ACV strategy applies to your business can help you focus on the right activities and avoid getting caught up in industry trends that don’t work for your business model.  ACV vs. Annual Recurring Revenue (ARR) Annual recurring revenue (ARR) is a subscription metric that also measures annual revenue. It tells you how much income you generate each year from all of your subscription accounts (including new bookings, upgrades, and renewals). ARR also accounts for customer churn, which is the total revenue lost from customers who stop using your service  Visualization of ARR by month in Mosaic SaaS companies and startups use ARR to measure growth over time and predict future revenue. Compared to ACV, ARR is the more fundamental financial metric that companies and investors use to benchmark growth.  ACV vs. Total Contract Value (TCV) Total contract value represents the total income you receive from a fixed-term contract, and it’s used in the ACV formula. When you calculate ACV, you divide TCV by the number of years in the contract.  TCV is based on customers you’ve already won, and it’s useful for providing an accurate report of the income generated by multi-year contracts with a clear end date. With TCV, you can look at which customer segments bring in the most income and use it to help focus your customer acquisition efforts.  Automating Annual Contract Value Financial metrics are necessary when evaluating your growth and pitching to investors, but they’re also valuable strategic tools that can help you put your limited resources to better use. Using ACV to understand the annual value of your existing contracts can help you improve your marketing strategies, identify the best upsell opportunities, and optimize your sales strategy. FAQs What is the difference between ACV and ARR? Annual contract value (ACV) is the value of a customer’s contract when averaged for every year of the contract. On the other hand, annual recurring revenue (ARR) measures the annual value from all contracts and considers things like upgrades  What is included in ACV? Annual contract value solely looks at the total contract value of your customers and divides it by the number of years in the contract to give you the average value of the contract per year. Similar metrics, like ARR or MRR, also take expansion

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National Company Law Tribunal – Powers & Jurisdiction

Before the establishment of the National Company Law Tribunal and National Company Law Appellate Tribunal the powers and functions of the Companies were discharged by the Company law board and Board for Industrial and Financial Corporation. The Central government constituted NCLT under Section 408 of Companies Act, 2013. It commenced on June 1, 2016, and it was set up on the basis of the recommendations of the Justice Eradi Committee. In India, the National Company Law Tribunal is a quasi-judicial organization. It is tasked with handling cases concerning Indian businesses. The tribunal was created by the government of India on 1 June 2016 under the Firms Act 2013 and is based on the proposal of the V. Balakrishna Eradi committee on legislation pertaining to insolvency and the winding up of companies. The Central government formed the National Company Law Tribunal in 2016. It was established under Section 408 of the Companies Act of 2013. National Tribunal shall not have power to review its own decisions. The National Company Law Tribunal, which succeeded the Company Law Board, was established as a quasi-judicial authority to oversee businesses incorporated in India. What is NCLT? National Company Law Tribunal (NCLT) is a quasi-judicial body which was set up to resolve the disputes which are arising in Indian Companies. It is the successor to the Company Law Board. It is governed by the rules framed by the Central Government. NCLT is a special court where cases relating to civil court have been barred from the jurisdiction. Under section 408 of the companies act, 2013 the NCLT has been constituted by the central government on 2016 by the recommendations of Justice Eradi Committee. The NCLT has replaced the company law board. It is a quasi-judicial body which has the jurisdiction to resolve only the matters in relation to company law. The tribunal is governed by the central government. The NCLT has its principal bench located at Delhi and it has 10 more benches located at Ahmadabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Allahabad, Jaipur, Kochi, Mumbai and Kolkata. The President, members of the judiciary, and technical members sit on the benches of NCLT. If any individual is not satisfied with the decision of the National Company Law Tribunal, they may appeal to the National Company Law Appellate Tribunal. An appeal filed before the National Company Law Appellate Tribunal must be resolved within six months of the appeal’s filing date. Any dispute that comes to the National Company Law Tribunal is not subject to civil court jurisdiction. The National Company Law Tribunal’s decision may be appealed within 45 days after the day the tribunal issues its order. COMPOSITION OF THE NCLT: The NCLT is presided by the president, a person can be appointed as a president if he has been a high court judge for a period of five or more years and should be aged between 50 years to 67 years of age. Then the NCLT consists of judicial members, a person can be appointed as a judicial member if he has been a high court judge or district court judge for a period of five or more years or should have practiced as an advocate for a period of 10 years or more and should be aged between 50 years to 67 years of age. At last the NCLT consists of technical member, a person can be appointed as a technical member if he is a member of Indian Corporate Law Services for 15 years or more or should have practiced as a Chartered Accountant for more than 15 years or should have been a Company Secretary for 15 years or more or should have special knowledge in a specific field for a period of 14 years or more or should have been a presiding officer of labour court for 5 years or more and should be aged between 50 years to 5 years of age. All the members are appointed for 5 years from the date of appointment and can also be reappointed for one more term. COMPANY LAW BOARD UNDER THE COMPANIES ACT, 1956 The central government established the board of company law administration commonly known as the company law board on February,1964 according to section 10F of the act. The company law board is to exercise the powers and functions of the central government under this act or any other law as conferred by the central government. The Board has its Principal Bench at New Delhi, and four Regional Benches located at New Delhi, Mumbai, Kolkata and Chennai. The board is a quasi- judicial body and is given with some powers and functions while some of these are judicial, others are administrative in nature. The Board has the authority to set its own rules for operation and take independent decisions. In conducting its business, the Board would be guided by the principles of natural justice. Any individual who is aggrieved by the decision of company law board or order has sixty days from the date of decision or order to file an appeal to the High Court on any legal issue resulting from such an order. The Company Law Board was made up with a maximum of nine members by the Central Government and a chairperson would be chosen amongst the members. POWERS AND FUNTIONS OF THE TRIBUNAL Class Action: According to s. 245 of the companies act, 2013 an application can be filed before the tribunal stating that affairs are conducted in a manner which is prejudicial to the interest of the company. The company may be restrained from doing any act outside the scope of MOA, AOA. De-registration of Companies: According to Section 7(7) of the Companies Act of 2013, if the tribunal finds that the company provided false or inaccurate information at the time of incorporation or by suppressing any relevant facts, information, or declarations, the tribunal may issue any of the following orders: o        Pass whatever orders that it deems appropriate. o        Pass orders

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Kerala eStamp

The Kerala Stamp Act, 1959 is a law that governs the use of stamps in the state of Kerala, India. It specifies the types of instruments that require stamping, the amount of stamp duty payable, and the procedures for stamping instruments. The Act defines an “instrument” as any document that is used to create, transfer, or terminate a legal right or obligation. Some of the common types of instruments that are subject to stamp duty under the Act include: Sale deeds Mortgage deeds Gift deeds Wills Powers of attorney Agreements Promissory notes Bills of exchange Cheques The amount of stamp duty payable on an instrument depends on its nature and value. The Act provides a schedule that lists the different types of instruments and the corresponding stamp duty rates. The Act also specifies the procedures for stamping instruments. Instruments can be stamped at any of the designated government offices, such as the Collector’s office or the Registration office. The stamp duty can be paid in cash or by cheque. The Act also provides for penalties for non-compliance. If an instrument is not stamped, it is inadmissible in evidence and the person who executed the instrument may be liable to a fine. Stamp Duty in Kerala Document Explanation Stamp Duty Acknowledgement of a debt A written acknowledgment of owing a debt. Rupee 1 Administration Bond A bond filed by administrators of an estate. Two rupees fifty paise for every Rs. 100 or part there of the amount or value or secured Adoption Deed Legal document formalizing the adoption of a person. Rs. 50 Affidavit A written statement of facts sworn to be true. Rs. 10 Agreement or Memorandum of an Agreement A contract between parties outlining terms and conditions. Rs. 15 Appointment in Execution of Power Document appointing someone to execute a power. Rs. 75 Appraisement or Valuation Document relating to the appraisal or valuation of property. Rs. 30 Apprenticeship Deed Agreement outlining terms of an apprenticeship. Rs. 10 Articles of Association of a Company Document detailing regulations for a company’s operation. Rs. 1000 Articles of Clerkship Document related to a clerk’s articles of training. Rs. 500 Award Legal decision or judgment by an arbitrator. Rs. 30 + 1.50 for every 1000 Bill of Exchange Written order to pay a certain amount to a specific party. Two rupees fifty paise for every Rs. 100     Bond Agreement with specified financial obligations. Two rupees fifty paise for every Rs. 100 Bottomry Bond Bond related to maritime law, involving ship and cargo. Two rupees fifty paise for every Rs. 100 Cancellation Document cancelling a previous agreement or transaction. Rs. 100 Certificate or Other Document General term for various types of certificates. Rs. 0.50 Charter Party Agreement for hiring a whole or part of a ship. Rs. 5 Composition Deed Agreement settling terms of debt repayment. Rs. 100 Conveyance Transfer of property ownership. Rs. 6 on Every Rs. 100 Conveyance in the nature of part performance Conveyance showing partial transfer. Rs. 8 on Every Rs. 100 Copy or extract Duplicate copy or extract of a document. Rs. 10 Counterpart or duplicate Duplicate or counterpart of an original document. Rs. 15 Customs Bond Bond related to customs duties or taxes. Rs. 5 for every Rs. 100 Divorce Legal dissolution of a marriage. Rs. 10 Certificate of enrolment in the roll of advocates Enrolment as a legal practitioner. Rs. 250 Lease Legal agreement for property use. Explained Here Letter of allotment of shares Letter confirming allocation of shares in a company. Rupee 1 Letter of Credit (Letter of Guarantee) Financial instrument to ensure payment to a third party. Rupee 1 Letter of License Document granting a license for certain actions. Rs. 1 Memorandum of association of a company Legal document outlining company’s constitution. Rs. 1000 Notarial Act Act performed by a notary public, often involving oaths. Rs. 15 Note or Memorandum Written note or memorandum of a transaction. Rs. 0.75 Partnership Deed Agreement outlining terms of partnership. Rs. 100 Dissolution of Partnership Document regarding the dissolution of a partnership. Rs. 100 Power of Attorney Authorization to act on someone’s behalf. Rupee 1 apart from attorney to sell any immovable property Surrender of Lease Document surrendering a lease agreement. Rs. 1 Benefits of eStamp Paper e-stamping is a convenient method Usage of e-stamping eliminates the need of non-judicial stamp papers for document registration All details of stamping can be obtained from a single online portal e-stamping makes the registration process quick e-stamping is tamper-proof Validation is straightforward with e-stamp Generate Kerala eStamp Online Step 1: Visit the official webpage of the Registration Department of Kerala. Step 2: Click on Online Applications option.. Login to the Portal Step 3:  Login into the portal using user name and password. Token Creation Step 4: After login to the portal select new token. Step 5: In this section, select below mentioned details: District Taluk Sub Register Office Transaction Type Sub Transaction Type Book No Step 6: After selecting SRO and transaction type click on submit. Step 7: In the next section, the applicant needs to enter details of presenter and documents. Step 8: Fill claimant details (buyer’s details). The applicant can edit the entered claimant details by clicking on the edit button. Step 9: Provide Executants details (seller’s details). The applicant can edit the details if needed. Step 10: To enter the power of Attorney details, click on Power of Attorney option. Step 11: The applicant needs to enter details regarding the document: Document Amount Original District, Village, Taluk, Local body or SRO The licence number of the document writer Presentation Type Generate e-stamp Step 12: In the mode of e-stamp payment, select the e-stamp option. Step 13: Enter stamp date, date of execution and all other mandatory details. Step 14: Click on save; the fee details will be shown. The applicant can purchase now eStamp. Step 15: After entering all other required details and completing self-verification, submit the application for eStamp generation by clicking on Submit Application for e-Stamp. Fee Payment Step 16: Click on Online payment icon on this screen. Step 17: The fee can be paid

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licensing of universal banks

Reserve Bank of India (RBI) recently rejected six out of eleven applications by entities aspiring for on-tap banking licenses. RBI turned down all the applications for Universal Banks (UBs) on the ground of non-suitability. It rejected applications of VSoft Technologies Pvt Ltd and Calicut City Service Co-operative Bank Ltd for SFBs. The remaining five applications for SFBs are presently under scrutiny. UBs are financial entities like commercial banks, financial institutions, NBFCs, etc. that undertake multiple financial transactions. Small Finance Banks (SFBs) are focused financial institutions registered as a public limited company providing banking and credit services to unserved & unbanked regions of the country like marginal farmers, MSMEs, and other non-risk sharing financial activities with RBI’s prior approval. UBs were underscored as a development financial institution (DFI) by the Narsimham committee and the concept of SFBs was laid down in Raghuram Rajan Committee.  On-tap bank licensing facility enables a window for making applications for bank licenses at the RBI throughout the year. This year-round window was introduced in 2016 with the view to further financial Inclusion and creation of more financing institutions. Prior to that, banking licenses were granted upon invitation of applications by RBI to prospective players. The last time RBI granted UB licenses was in 2015 to Bandhan Bank and IDFC Bank. It approved Unity SFB in 2021 to rescue the scam-hit Punjab & Maharashtra Cooperative Bank. What is the selection process? UBs and SFBs are subject to Banking Regulation Act, RBI Act, and all statutes as applicable to banking entities. The specific guidelines for on-tap licensing of UBs and SFBs in the private sector were issued on August 1, 2016, and December 5, 2019, respectively.  In the first stage, the applications are screened by RBI to ensure prima facie eligibility. Post-screening, it is forwarded to the Standing External Advisory Committee (SEAC) constituted of industry experts and eminent persons with experience in the BFSI sector, appointed for three years. SEAC’s recommendations shall then be examined by the Internal Screening Committee (ISC) consisting of Governor and Deputy Governors.  ISC’s observations shall be forwarded to the Central Board (CB) of RBI that exercises the final discretion to grant in-principle approval for 18 months. Upon the culmination of this period, RBI shall on satisfaction with compliances grant the regular license for commencement of banking business. Who can apply for UB, SFB and UCB licenses? Any individual/entity with at least 10 years of experience in banking and finance at the senior level or private entities with 10 years of successful track record are eligible to apply for on-tap licensing as UBs. Secondly, aspiring entities ought to have assets of Rs. 5000 crore or above. Thirdly, the required net worth is Rs. 500 crore that has to be maintained at all times. However, large industrial houses are restricted to only invest in UBs up to 10% only.  While the guidelines do not restrict applicants to only corporate entities, they vest discretion upon RBI to look for a strong promoter with significant experience and a proven track record. RBI emphasizes the entity’s track record in conforming to the best international and domestic standards of customer service, integrity, and efficiency. It implies that RBI would grant the licenses on the basis of discretional prudential factors, in addition to rule-based eligibility criteria.  For an application for SFB, the individual entity must have 10 years of experience in the BFSI sector at the senior level. In the case of a corporate entity applicant, it must have at least 5 years of successful track record. Corporate applicants also encompass NBFCs, microfinance institutions, local banks and cooperative banks also. This aids such entities to expand their business on the liability side. Secondly, the minimum paid-up voting equity capital or net worth is Rs. 200cr., considering the size of operations and limited scope of activities.  In the case of urban cooperative banks (UCBs) voluntarily transitioning as SFB shall have an initial net worth of Rs. 100 crore only but shall be increased to Rs 200 crores within five years from the commencement of business. However, this conversion model is plagued by ambiguities in promoter identification, investment plans and capital infusion by promoter groups.  Summarily, there are five aspects that applicants ought to fulfill: (i) financial inclusiveness, (ii) soundness of business & technological model, (iii) strong management track record, (iv) sustainable governance, and (v) adequate capital structure.  The idea is that local players would be able to align themselves with respective target customer segments. Thus, it is imperative for the remainder and future applicants who fulfill the eligibility criteria that they maintain sustainable financial principles.  FAQs What is a universal bank? universal bank is a type of financial institution that offers a wide range of financial services, including deposits, loans, investment banking, wealth management, and other financial products and services. What are the eligibility criteria for obtaining a universal bank license? The RBI has set forth various criteria, including the entity’s structure, capital requirement, governance, track record, and more. Generally, entities should have a strong financial track record, a minimum paid-up capital of ₹500 crore, and a diversified shareholding pattern. Who can apply for a universal bank license in India? Eligible entities for applying for a universal bank license include existing non-banking financial companies (NBFCs), public sector entities, private sector entities, and foreign banks operating in India, subject to meeting the Reserve Bank of India’s (RBI) eligibility criteria. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases

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licensing of small finance banks

Societies and companies controlled and owned by residents, professionals or residents having 10 years of experience in finance and banking would be eligible for setting up small finance bank.You can read about the Granting License for Small Finance Banks by the Reserve Bank of India (RBI)  After conforming to the guidelines and requirements of various regulatory and legal requirements of different authorities, the existing microfinance institutions and non-banking finance companies which are controlled and owned by residents will have the permit to be the promoters and set up small finance banks. What is a Small Finance Bank (SFB)License? It is mandatory for small finance banks must be registered as a public limited company under the Companies Act, 2013. Small Finance bank is considered a kind of niche banks in India. Banks that hold a small finance bank (FFB) license have a right to offer basic banking services of acceptance of securities & lending. The purpose behind these to give financial formation to sections of the economy not being accepted by other banks. Like small company units, small and marginal farmers, micro and small industries and unorganized sector entities.It will be permitted under Section 22 of the Banking Regulation Act, 1949 and administered by the terms of the Banking Regulation Act, 1949 and Reserve Bank of India Act, 1934 and with other related Statutes and the Directives/Regulations and other Guidelines/Instructions circulated by RBI and other regulators from time to time. Objectives Give structure to boost rural and semi-urban savings Offer credit in local areas to carry out economic projects Give saving vehicles to the underprivileged sections of the society By doing hi-tech, low-cost technology, the amount of credit to small businesses Registration of a Small Finance Bank The SFBs or small finance banks must be licensed under the Banking Regulations Act Sec 22(1). These banks too must be supervised by the RBI Act 1934 and Companies Act 2013 as a public company. They must support payments and settlement act 2007 Credential information Companies regulation Act 2005 must also comply. Deposit insurance and credit guarantee corporation Act 1961 additionally comes with sufficient pressure on these banks Any act or support that comes from RBI in within. Once operational and working with complete significance these banks must attain scheduled bank status as per Reserve Bank Of India Act 1934 Sec 42(6)(a). These banks too must live by all prudential norms as per the RBI like norms for CRR and SLR i.e. Cash Reserve Ratio and Statuary Liquidity Ratio individually. Who can apply for a small payment bank license FDI policies will be similar to those of private sector banks which means a maximum foreign investment of 74% shall be allowed all sources included. Already existing NBFCs, LABs and MFI owned by residents can apply for a license Voting rights to shareholders will be considered complete, as per policies of Banking Regulation Act, to10% The promoter shall pass the “Fit and proper” status based on previous credentials by the RBI One of the net value reaches 500cr listing of the banks will be done mandatorily. Companies owned by local residents shall be eligible. In the overall experience, a minimum of past 5yrs should be a period of successful professional functioning of the business. 5% of RWA shall be the tier 1 capital and tier 2 capital needs to be limited to a maximum value of 100% of tier1 total capital. The promoter shall be giving a minimum of 40% of the total paid-up equity in the initial phase of 5yrs. Capital Adequacy ratio should always be maintained as 15% of RWA i.e. risk-weighted assets. Benefits of Small Finance Bank Licenses Small Finance Banks licenses are more definitive & strict than a regular bank license, such as one provided to State Bank of India (SBI) or ICICI Bank. While small finance banks can offer basic banking activities like deposit-taking and lending. They are not permitted to set up subsidiaries. Also, the loan ticket size is very less in Small Finance Banks related to regular banks. RBI has made compulsory that the activities of promoters of small finance banks must not be mixed with banking operations. Procedure supported by RBI to grant Small Finance Bank License Screening of application to verify the ability of the applicant The RBI serves every step of screening and evaluation very rigidly and licenses are given in tight management. Hence only 10 such banks have been in permanence to date. If seen eligible an EAC or external advisory committee, which forms of CAs, bankers, finance professionals screen and assess the application. If seen significant the EAC calls the applicant for some clarifications and information. Within 18 months of getting the approval of the applicant is inadequate to set up an operative bank, the RBI cancels the approval automatically. Principal permission is given by RBI is all the steps above are passed by the applicant Minimum capital adequacy requirement for Small finance bank License Particulars % Minimum Capital Requirement 15% Common Equity Tier 1 6% Additional Tier I 1.5% Minimum Tier I capital 7.5% Capital Conservation Buffer Not Applicable Pre-specified Trigger for conversion of AT1 CET1 at 6% up to March 31, 2019, and 7% thereafter Document Required For Small Financed Bank License Following the Rule 11 of the Banking Regulation (Companies) Rules, 1949, applications had to be submitted in the directed form. Form III to the Chief General Manager Department of Banking Regulation Reserve Bank of India. Additionally, the applicants must offer the business plan & other important information as directed. Applications were to be held till the close of business as of January 16, 2015. After the experience with Small Finance Bank, applications will be received constantly. Though, these guidelines are subjected to periodic review and revision by the RBI How to apply for Small Finance Bank License Small finance banks must be enrolled as a public limited company under the Companies Act, 2013 and will be authorized under Section 22 of the Banking Regulation Act, 1949. Also, it

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Section 10 – THE PATENTS ACT, 1970

Contents of specifications (1) Every specification, whether provisional or complete, shalldescribe the invention and shall begin with a title sufficiently indicating the subject-matterto which the invention relates.(2) Subject to any rules that may be made in this behalf under this Act, drawings may, andshall, if the Controller so requires, be supplied for the purposes of any specification,whether complete or provisional; and any drawings so supplied shall, unless the Controllerotherwise directs be deemed to form part of the specification, and references in this Actto a specification shall be construed accordingly.(3) If, in any particular case, the Controller considers that an application should be furthersupplemented by a model or sample of anything illustrating the invention or alleged toconstitute an invention, such model or sample as he may require shall be furnished beforethe application is found in order for grant of a patent, but such model or sample shall notbe deemed to form part of the specification.(4) Every complete specification shall—(a) fully and particularly describe the invention and its operation or use and the methodTHE PATENTS ACT, 1970Page 13by which it is to be performed;(b) disclose the best method of performing the invention which is known to theapplicant and for which he is entitled to claim protection; and(c) end with a claim or claims defining the scope of the invention for which protection isclaimed;(d) be accompanied by an abstract to provide technical information on the invention:Provided that—(i) the Controller may amend the abstract for providing better information tothird parties; and(ii) if the applicant mentions a biological material in the specification which may not bedescribed in such a way as to satisfy clauses (a) and (b), and if such material is notavailable to the public, the application shall be completed by depositing the materialto an international depository authority under the Budapest Treaty and by fulfillingthe following conditions, namely:—(A) the deposit of the material shall be made not later than the date offiling the patent application in India and a reference thereof shall bemade in the specification within the prescribed period;(B) all the available characteristics of the material required for it to becorrectly identified or indicated are included in the specificationincluding the name, address of the depository institution and thedate and number of the deposit of the material at the institution;(C) access to the material is available in the depository institution onlyafter the date of the application of patent in India or if a priority isclaimed after the date of the priority;(D) disclose the source and geographical origin of the biological materialin the specification, when used in an invention.(4A) In case of an international application designating’ India, the title, description, drawings,abstract and claims filed with the application shall be taken as the complete specificationfor the purposes of this Act.(5) The claim or claims of a complete specification shall relate to a single invention, or to agroup of inventions linked so as to form a single inventive concept, shall be clear andsuccinct and shall be fairly based on the matter disclosed in the specification.(6) A declaration as to the inventor ship of the invention shall, in such cases as may beprescribed, be furnished in the prescribed form with the complete specification or withinsuch period as may be prescribed after the filing of that specification.(7) Subject to the foregoing provisions of this section, a complete specification filed after aprovisional specification may include claims in respect of developments of, or additions to,the invention which was described in the provisional specification, being developments oradditions in respect of which the applicant would be entitled under the provisions ofsection 6 to make a separate application for a patent. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba |

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Section 9 – THE PATENTS ACT, 1970

Provisional and complete specifications —(1) Where an application for a patent (not being aconvention application or an application filed under the Patent Cooperation Treatydesignating India) is accompanied by a provisional specification, a complete specificationshall be filed within twelve months from the date of filing of the application, and if thecomplete specification is not so filed, the application shall be deemed to be abandoned.(2) Where two or more applications in the name of the same applicant are accompanied byprovisional specifications in respect of inventions which are cognate or of which one is amodification of another and the Controller is of opinion that the whole of such inventionsare such as to constitute a single invention and may properly be included in one patent, hemay allow one complete specification to be filed in respect of all such provisionalspecifications.Provided that the period of time specified under sub-section (1) shall be reckonedfrom the date of filing of the earliest provisional specification.(3) Where an application for a patent (not being a convention application or an applicationfiled under the Patent Cooperation Treaty designating India) is accompanied by aspecification purporting to be a complete specification, the Controller may, if theapplicant be requests at any time within twelve months from the date of filing of theapplication, direct that such specification shall be treated, for the purposes of this Act, asa provisional specification and proceed with the application accordingly.(4) Where a complete specification has been filed in pursuance of an application for a patentaccompanied by a provisional specification or by a specification treated by virtue of adirection under sub-section (3) as a provisional specification, the Controller may, if theapplicant so requests at any time before grant of patent, cancel the provisionalspecification and post-date the application to the date of filing of the completespecification. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 8 – THE PATENTS ACT, 1970

Information and undertaking regarding foreign applications (1) Where an applicant for apatent under this Act is prosecuting either alone or jointly with any other person anapplication for a patent in any country outside India in respect of the same or substantiallythe same invention, or where to his knowledge such an application is being prosecuted bysome person through whom he claims or by some person deriving title from him, he shallfile along with his application or subsequently within the prescribed period as theController may allow—(a) a statement setting out detailed particulars of such application; and(b) an undertaking that, up to the date of grant of patent in India, he wouldkeep the Controller informed in writing, from time to time, of detailedparticulars as required under clause (a) in respect of every other applicationrelating to the same or substantially the same invention, if any, filed in anycountry outside India subsequently to the filing of the statement referredto in the aforesaid clause, within the prescribed time.(2) At any time after an application for patent is filed in India and till the grant of a patent orrefusal to grant of a patent made thereon, the Controller may also require the applicantto furnish details, as may be prescribed, relating to the processing of the application in acountry outside India, and in that event the applicant shall furnish to the Controllerinformation available to him within such period as may be prescribed. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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