Advocate Ashish Porwal

Questions Answered by Advocate Ashish Porwal

Q: Legal requirements for developing e-commerce website

My Name is Shobhit Srivastava (27)from Allahabad. I have a business plan which is based on a Website (Based on only city level). Before starting my business I want to know (1)what is Legal formalities for developing E-Commerce website in india means to which type of registration necessary(Solo Proprietorship/Company) .(2)which type of documentation/Registration/Approval necessary for this type business(3)How to I take copyright on my business plan.

Advocate Ashish Porwal answered
Hi Shobhit,You can start your business in any form, viz. sole proprietorship, partnership or as a company. The choice of entity would depend upon your business requirements and risk appetite. An e-commerce platform can be operated under any of the above mentioned business formats. Other than setting up and entity and obtaining registrations like PAN, TAN, service tax, VAT etc., no specific registrations and licenses are required for operating a general e-commerce platform. As regards copyright over the business plan, you already own the copyright over your business plan by virtue of being its creator. Registration of copyright is 'good to have' but not a 'must have'.

Q: What is procedure of registration of company and restaurant?

I want to register a company and a restaurant. What all documents are required in it and what is the procedure to get these registered?

Advocate Ashish Porwal answered
You can incorporate a private limited company under the Companies Act, 2013. You would require minimum 2 shareholders and directors to incorporate. The documentation involves address proofs and identity proof of the proposed shareholders / directors. Once the company is incorporated, you can carry on the restaurant business in the name of company.Further, in order to run a restaurant business, you would also require service tax and vat registrations and a food business operator license from the FSSAI, in addition to local municipal approvals, if any.

Q: Non-Banking Finance Corporation and procedure to get licence

I want to start a NBFC company, kindly brief me about the eligibility and licence procedure.

Advocate Ashish Porwal answered
NBFCs in India are governed by the Reserve Bank of India Act, 1934 with Reserve of India being the regulator of the sector. In order to carry on the business of NBFC, registration with the RBI is a must. There is a minimum net owned fund criteria of Rs. 200 lakhs. There is a prescribed form which is required to be submitted to the RBI in this regard.

Q: What is the legal formalities for setting up a water purifier plant

Hi, I am planning to setup one small water purifier plant in UP. I want to know the required legal formalities as well as procedure. Its a very small setup

Advocate Ashish Porwal answered
A water purification plant would involve approvals from various government departments under different laws. You would approval for extraction of water, noc from pollution control board, registration with the Bureau of Indian Standards and certain approvals under labour laws depending upon the nature of your set up.

Q: To know about e-commerce laws in India for e-commerce owners.

I'd like to know if I can run an e-commerce in India that retails wines?Is this permissible by laws of India to launch and propagate such e-commerce?If it is, then how do I get all paper works done before actually launching the business.

Advocate Ashish Porwal answered
Retailing wines or other alcoholic drinks through e-commerce would be subject heavy restrictions from excise laws perspective and also be challenging from marketing perspective on account of existing advertising guidelines in India. Pure play marketplace model may also result in violation of existing taxation and excise laws.