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One of the best Advocates & Lawyers in Noida - Advocate Prerna Oberoi

Advocate Prerna Oberoi

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LawRatoLawRatoLawRatoLawRatoLawRato 4.8 | 125+ user ratings
LawRatoSector 41, Noida
LawRato12 years Experience
Advocate Prerna Oberoi
Practice Areas
Breach of Contract, Corporate, International Law, Labour & Service, Patent, Startup, Trademark & Copyright
About
Language(s) Spoken: English, Hindi
Advocate Prerna Oberoi is the Founder of Lex Mores - Law with Morality and leads the Firm’s corporate practice.

Advocate Prerna regularly advises clients on formation of establishments, compliances, intellectual property rights (including trademark registration and prosecution, copyright registration etc.), anti-competitive trade practices etc. She provides services from start-ups to international brands planning to enter Indian markets. Her client base is dynamic and has so far provided legal consultancy to brands from various industries such as entertainment, media, digital, fashion, retail, real estate, healthcare, hospitality, education, wellness and food & nutrition.

Advocate Prerna also extensively advises clients regarding vetting and drafting of agreements, MOUs, deeds etc. and has advised several clients on their project documentation including concession contracts, partnership contracts, non-disclosure, non-solicitation contracts, and trust deeds. Prerna is associated with several start-up as their advisor and mentor and devotes considerable time in their initial formation.

Advocate Prerna holds a Master degree in International Business Law from Osgoode Hall law School, York University Canada and has her certification from National Committee on Accreditation, Ontario, Canada. She graduated from IP University Delhi. Her dynamic experience in India and abroad surely has enhanced her skills and analytical approach towards solving legal queries. Her experience as in house counsel at Canada’s biggest retailer and as an associate at a law firm in downtown Toronto, Canada, as an independent advocate in India, in last 5 years has helped her gain excellent and quality experience. Her understanding of businesses, result oriented approach, eagerness to impart awareness ethically, regarding legal norms specific to client requirements surely acts as an asset for her clients.

Advocate Prerna is enrolled with the Bar Council of Delhi since 2012.

Enrolment Number: D/2168/2012
Advocate Prerna Oberoi


Specialization
Breach of Contract
Contract Drafting / Review
Trademark / Copyright / Patent
Mergers & Acquisitions
Startup legal / advisory
Courts
  • Delhi High Court

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Popular Reviews

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Jitin Bhasin - Verified Client LawRato LawRato LawRato LawRato LawRato
We have worked with Prerna and team on a diverse set of matters and have found them to be diligent, knowledgeable and prompt. I have no hesitation in recommending their services and wish them the best.
Over 3 months ago
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Pankaj - Verified Client LawRato LawRato LawRato LawRato LawRato
We are very satisfied with understanding our requirements, thoroughness of work and prompt response by your team on our recent engagement of drafting agreements for employee benefits.
Over 3 months ago
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Steven Pinto - Verified Client LawRato LawRato LawRato LawRato LawRato
Recently I had contacted Mrs. Prerna Oberoi regarding legal help. To my surprise I am very disappointed, why other lawyers and people in this field are not as dedicated and committed like Prerna! I highly appreciated her efforts and constant communication, while keeping me well assured and informed throughout the whole process. Prerna overall also seems to be a genuine and helpful person, who is very practical in her approach. I believe she truly cares and wants what is best for her client and works towards that.
Over 3 months ago
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Avneesh Mathur - Verified Client LawRato LawRato LawRato LawRato LawRato
Our pleasure that we have been taking the legal services from “Lex Mores “ and have found them to be exceptionally professional and meeting our expectations. The top management as well as the team is extremely friendly and the response to our queries is very fast. We would like to continue our association with them in times to come.
Over 3 months ago
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Bharathkumar Vijayan - Verified Client LawRato LawRato LawRato LawRato LawRato
I have worked with Lexmores for vendor agreements. Lexmores before starting work, completely listened to the requirements and provided valuable inputs and tailored the vendor agreement. It was a quick turn around in terms of completion and I would highly recommend their services.
Over 3 months ago
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Jay Singh - Verified Client LawRato LawRato LawRato LawRato LawRato
I have worked with Lex Mores on a few projects. Prerna is an experienced lawyer with very good knowledge of both domestic and international laws. They are very professional and always deliver on time. I highly recommend Lex Mores to anyone looking for help with corporate legal solutions.
Over 3 months ago
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Syed Yusuf - Verified Client LawRato LawRato LawRato LawRato LawRato
My issue was handled by a well reputed lawyer.
2 months ago
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Meraj khan - Verified Client LawRato LawRato LawRato LawRato LawRato
My issue was well understood by Adv. Prerna Oberoi. The consultancy provided by the lawyer guided me in the right direction.
2 months ago
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Devesh Purohit - Verified Client LawRato LawRato LawRato LawRato
Adv.Prerna Oberoi aided me in resolving my legal matter successfully.
Over 3 months ago
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Vikas Singh - Verified Client LawRato LawRato LawRato LawRato LawRato
My legal issues were resolved after receiving the required legal guidance from the lawyer..My decision was a result of the right advice and guidance that was provided to me by Adv.Prerna Oberoi. The lawyer guided me to the right path.
Over 3 months ago
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Advocate Prerna Oberoi

Questions Answered by Advocate Prerna Oberoi



Q: Procedure in case Employee is not adhering to terms of company

Dear Sir, My firm (Pvt Ltd) had hired one of the employee and given him some terms & condition like misconduct during work, non adherence of order of management, etc before joining. He signed and stamped all terms, but after 15 days he suddenly left the job in between and rudely asking for salary of 15 days. In our contract it is clearly mentioned that if employee doesn't give prior notice/ misconduct during work we will not pay salary. Pls advice what we can do in this case as the employee is approaching police and police is harassing us.

Advocate Prerna Oberoi answered
Hi in order to provide legal advise regarding your query I need to go through the hiring docket provided by your company to the employee at the time of hiring. Thereby a proper solution regarding the same can be suggested.



Q: Enquiry regarding play school for kids how to open business

I wanted to ask opening a small business at home as like XX for 2&3 year old kids and day care for kids... required a permission? What is  the procedure?

Advocate Prerna Oberoi answered
The permission of a co-operative housing society or apartment association would be required in order to start a play school from a place of residence. In addition, if the residential area is acquired on rent/lease, the purpose of using the residential area for running a play school should be clearly specified in the lease agreement. There is no specific procedure, certification, and legislation for establishing a kids day care in India.Although,“Private School Education Acts” have been enacted by certain State Governments which regulate the operations of a school. Therefore, before the formation of the children day care, it is crucial for the Promoters to get well versed with the State Education Act in order to acquire the relevant registrations and licenses(If any) for setting up of a kids day care.



Q: Penalty of non compliance under maternity benefit act

what is the penalty provided if there is non compliance of the creche facility in the factory specifically under the maternity benefit act, 2017? what does the law say about this?

Advocate Prerna Oberoi answered
The amendments of 2017 to the Maternity Benefit Act, 1961, does not specifically state of or about any penalties, for non-compliance of the “creche facility”. However, as per section 21 sub-clause (2), the Act does provide for penalties, if any employer contravenes to the provisions or the rules of the Act, either with imprisonment which may extend to one year, or with a fine which may extend to five thousand rupees, or with both.



Q: What are the procedures involved for incorporation of Start-up

Dear Team, I am starting a new business which will be run by my wife which will involve Various kind of classes /training : 1. Personality Development 2. Foreign Language 3. Preparation for GEE, TOFEL , IELTS ext. 4.Coaching classes 5. Student Library etc. These classes will be run at centres across Lucknow and may be down the line to other centres. Also, we would be selling it's franchisee to others schools and parents as well. Would need clarification on following: 1. Shall I start with a Properietorship concern or Pvt Ltd. Company concern ? And reasoning for it. 2. What if initially we start with a Properietorship and after few months or years convert it to Pvt LTD? 3. Also, since i am a salaried class person and this business will be run by my wife in her name only. Can I transfer my funds to her individual account and then she can use it for her business. Also In this case , am I liable to pay additional tax as I will no where be associated with her business ? Please advise

Advocate Prerna Oberoi answered
Pursuant to your query I would suggest a private limited formation for your business. For your information, sole proprietorship formation is more suitable for small businesses which shall not be suitable as per your future plans of expanding and franchising. Certain benefits that you get in private limited formation: company becomes a separate legal entity, ease of getting funding (if required in future to expand) from angel investors etc., introduction of new directors as and when required etc. As per your second query I would like to inform that section 56 of the Income tax Act, provides that money received by an individual from any person without consideration, the aggregate value of which exceeds INR 50,000, is taxable under the head “income from other sources”. An exemption, however, is available if the money is received from a relative which includes among others, the spouse of an individual. Therefore, you will only have to pay the income tax on your salary and neither you nor your wife thereafter shall be accountable to pay any additional tax on such transferred fund. Should you have any further question please contact me as I specialize in incorporation of start up businesses.



Q: Procedure and requirement of registration of company to sell software

What are the legal formalities or paperwork to sell a software in India in the name of my unregistered company . Also , do I need to register before making the sale?

Advocate Prerna Oberoi answered
There is no specific legislation to sell softwares in India. Thereby an individual/ proprietor/unregistered company can sell softwares in India . However the sale of software like any other transaction, is governed by the common law principles embodied in the Indian Contract Act. In order to have a valid contract it is required that both the parties should be legal entities. Hence, it is advisable to have a registered company (instead of a contract on the name of unregistered company) in order to get into a valid contract with any other entity. Contracts can be in nature of sale or assignment/license but due to the unique nature of software, they are generally licensed where the owner has extensive rights. Also, for your information softwares are protectable under copyright law as computer programmes hence alongwith company registration it is advisable to seek Intellectual property protection under the relevant laws.




Frequently Asked Questions about Advocate Prerna Oberoi



Can Advocate Prerna Oberoi represent me in court?

Yes, Advocate Prerna Oberoi can represent you in court. The lawyer is trained to present your case in the most effective way possible.


What should I bring to my initial consultation with Advocate Prerna Oberoi?

When you meet with Advocate Prerna Oberoi for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.


How do I prepare for my initial consultation with Advocate Prerna Oberoi?

Before your initial consultation with Advocate Prerna Oberoi, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.


What should I expect during my initial consultation with Advocate Prerna Oberoi?

During your initial consultation with Advocate Prerna Oberoi, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.


How do I communicate with Advocate Prerna Oberoi?

It is important to communicate with Advocate Prerna Oberoi regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.


How much does it cost to hire Advocate Prerna Oberoi?

The cost of hiring Advocate Prerna Oberoi can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.


Advocate Prerna Oberoi