What is the procedure to open a e commerce website
16-Jan-2023 (In Startup Law)
Sir i want to create a new e - commerce site But i dont know about ipc act Sir can u describe all ipc act which is created for e- commerce site
The e-commerce website is not just an e-commerce website but more than that. Its a business entity which requires to comply to the governing laws of the land.
Please take note of the following -
- You need to register an organisation (LLP, Pvt Ltd Company, Public Ltd Company) who will be responsible to run this e-commerce business.
- The registered company is required to take care of its tangible and intangible properties. Tangible properties mean company's office and all the article which is there in the office. The company needs to take account of that and has to declare its worth time to time whenever asked by the authorities. Intangible properties means Trademark, Design, Logo, Business model which the company wants to own on its name. The company has to register these intangible properties with Controller General of Patents, Design and Trademark for its protection.
- The company is required to comply with all the taxation policies of the government. In the process it has to obtain registration under VAT, Service Tax, Central Excise Duty, Custom Duty whichever is applicable considering the type and amount of business domain it wants to keep it with self.
- The company has to comply with the Employment laws of India as no company runs without employees.
- The company has to comply with the IT laws of India since it is an e-commerce based business. It has to own the domain name, web hosting space etc.
- It shall insure that no content which is defamatory, obscene or not allowed under the laws, or content for which the company hold no rights at all shall go to its business domain website. Otherwise it may be severally penalised not only in terms of money but may also be put behind the bars.
- The company needs to have several e-contracts with the vendors/retailers whom it has allowed to do business on its platform or with whom it is engaged with to do business.
- Lastly the company is also responsible to do have e-contracts with its customer who are going to make purchase from that website.
Then you have disclaimer, privacy policy etc. If the website has the option of payment gateway then it has to comply the RBI guidelines.
Further details and requirement can only be detailed out once I have the proper business model at my desk and when we are sitting against the table facing each other.
My best wishes for your venture.
Please take note of the following -
- You need to register an organisation (LLP, Pvt Ltd Company, Public Ltd Company) who will be responsible to run this e-commerce business.
- The registered company is required to take care of its tangible and intangible properties. Tangible properties mean company's office and all the article which is there in the office. The company needs to take account of that and has to declare its worth time to time whenever asked by the authorities. Intangible properties means Trademark, Design, Logo, Business model which the company wants to own on its name. The company has to register these intangible properties with Controller General of Patents, Design and Trademark for its protection.
- The company is required to comply with all the taxation policies of the government. In the process it has to obtain registration under VAT, Service Tax, Central Excise Duty, Custom Duty whichever is applicable considering the type and amount of business domain it wants to keep it with self.
- The company has to comply with the Employment laws of India as no company runs without employees.
- The company has to comply with the IT laws of India since it is an e-commerce based business. It has to own the domain name, web hosting space etc.
- It shall insure that no content which is defamatory, obscene or not allowed under the laws, or content for which the company hold no rights at all shall go to its business domain website. Otherwise it may be severally penalised not only in terms of money but may also be put behind the bars.
- The company needs to have several e-contracts with the vendors/retailers whom it has allowed to do business on its platform or with whom it is engaged with to do business.
- Lastly the company is also responsible to do have e-contracts with its customer who are going to make purchase from that website.
Then you have disclaimer, privacy policy etc. If the website has the option of payment gateway then it has to comply the RBI guidelines.
Further details and requirement can only be detailed out once I have the proper business model at my desk and when we are sitting against the table facing each other.
My best wishes for your venture.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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