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Showing posts from October, 2012

Issue of Demand of Stamp Duty On Share Certificates

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This note discusses the issues which have risen due to receipt of notice from the Collector of Stamps, Delhi, by companies registered in the National Capital Territory of Delhi, for demand of stamp duty on the share certificates issued by them as per the rates applicable in the National Capital Territory of Delhi.

Mr. Abhishek Bansal
Sr. Associate
+919873191956
abhishek@indiacp.com The basic issues amongst corporates as regards these notices are outlined below:
Place of levy of stamp duty - Registered Office of the Company or where the Board Meeting for issue of shares is held? Value on which stamp duty is to be charged and paid on issue of share certificates?

Assignment & Licensing of Trademarks in India : IPR

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Our Classroom series (Read All Articles Here) has educated its readers about several topics including the basics of trademarks, their attributes, types and classes, infringement conditions and rights of a trademark owner.

Keeping in pace with the effort to spread knowledge, we herein present a note on the Assignment and Licensing aspects of a Trade Mark.
ASSIGNMENT AND LICENSING OF TRADEMARKS
Trademarks are an intangible form of property by which an entity creates and establishes its brand. Just as in the case of physical property such as land, every owner of a Brand or Trademark has the right to sell, license, transfer, etc. its respective brand or trademark in accordance with legal procedures. A brand or Trademark owner can transfer his rights with respect to his trademark either by way of assignment or by licensing. The Trade Marks Act, 1999 deals with the assignment as well licensing with respect to a trademark.

In case of an assignment of a trademark, there is a change in the owner…

SEBI (Framework for Rejection of Draft Offer Documents) Order, 2012

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Market regulator SEBI vide Notification No. LAD-NRO/GN/2012-13/18/5391 dated October 12, 2012, has notified certain amendments in SEBI(Issue of Capital and Disclosure Requirements) Regulations, 2009. This amendment has come, immediately after the announcement of General Order dated October 9, 2012 namely “SEBI (Framework for Rejection of Draft Offer Documents) Order, 2012” creating framework for rejection of Offer Document, at the backdrop of various IPO Scams being investigated by SEBI. In the General Order SEBI has listed various criteria which could lead to rejection of offer documents filed for the purpose of raising funds from the public and through these amendments in the ICDR Regulations, SEBI has tried to create transparency and more accountability on the Company & the Merchant Bankers and also tighten the loose ends for companies raising funds from public. The requirements of Annual Updation of Offer Documents, restriction of raising funds for General Corporate Purposes e…

SEBI Framework for Rejection of Offer Documents

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Market regulator SEBI vide General Order No. 1 of 2012 dated October 9, 2012 has issued “SEBI (Framework for Rejection of Draft Offer Documents) Order, 2012” wherein it has listed various criterion which could lead to rejection of offer documents filed for the purpose of raising funds from the public. The offer documents may be rejected if SEBI feels that the interest of the investors is prejudiced or inadequate disclosures are made in the offer document or quality of the disclosures are not reasonable or where the risk associated with the issue is high.

Investor-friendly Decisions in SEBI Board Meeting

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SEBI in its Board Meeting held on 6th October 2012 took various Investor friendly decisions. A brief synopsis of the same is given herein below:
Debt Mutual Funds now permitted to invest 10% more in the Realty Sector Ms. Anjali Aggarwal
Vice President
+919971673336
anjali@indiacp.com In a move that could help the ailing housing sector in India, SEBI resolved to relax the investment criteria for debt oriental mutual fund schemes in the Housing Finance Companies or the HFCs. SEBI has now allowed debt funds to invest an additional 10% (over and above the 30% cap in financial services segment) in the HFCs. In a circular last month, SEBI had directed mutual funds to ensure that total exposure of their debt schemes in a particular sector, for e.g. the financial services sector, shall not exceed 30 percent of the net assets of the scheme. The HFCs constitute a portion of the financial services segment since under the existing regulatory framework they are categorized as NBFCs.

Valuation in Information Technology (IT) Sector

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Mr. Chander Sawhney
Vice President
+9810557353
chander@indiacp.com It has been believed in the market that “Technology has the shelf life of a banana.” If that happens then what factors drives the value of Information Technology based companies whose survival is totally dependent on that. The answer of this question is not so easy as it appears to be, As whatever the size of organizations large or small face the same dilemma: Scare resources, choosing and deploying the right resources at right time at right place to maximize the organization performance.
Why Sub Sector Categorization is necessary There is a difference in valuing a Company which invest in IT to increase the efficiency of its business and the Company whose survival is totally dependent on IT because Companies with a view to increase the efficiency might Invest in IT and often viewed as a cost center, and when a department is viewed solely as a cost center, budgets get squeezed year over year, but that would not be in the c…

Start Biz in India: Automobile Industry

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Choices add the ultimate spice to life and India with the largest number of people (well almost!) needs a lot of them. That is especially true when it comes to things majorly characterized by the ever-evolving technology. And obviously, when there’s a demand, there’s going to be a large number of industry players competing with each other to bring out the best possible product in a given price change. One such industry is the Indian Automobile Industry which very visibly stays on its toes to bring new models for the domestic and international markets alike. The domestic players are sincerely trying to meet the international standards and yield the best quality.

Mr. Manoj Kumar
Vice President
+919910688433
manoj@indiacp.com Nissan's Managing Director in India, Mr. Kiminobu Tokuyama says “India is a rapidly growing market, so therefore it is very important for global auto manufacturers". India’s potential as a manufacturing country and as a consumer base is being taken seriously a…

Copyright Protection in India : IPR

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After covering a varied number of concepts on Trademarks and concepts related to that, we present this write up on Copyright Protection in India.

COPYRIGHTS

The other day we received a call from one of our long time clients congratulating us on starting to post our write ups and website content on another website. We did not know anything about this and went to that website to find that, to our surprise, all our content including research material and articles were posted on that website by another person we did not know.
We, as a firm, dear readers, invest time and research in creating these write ups and research works and convert our ideas into words. By doing so, we inherently create a copyright in such matter and write ups. It is a different issue that we went against the person infringing on our copyright, but this brings us to the topic for this classroom post this time- Copyrights.