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Regarding starting a company
06-Sep-2023 (In Corporate Law)
If I am working with a consulting company (i did not sign on a no-competition agreement), can my brother, who is a college dropout, can start the similar business (OPC; my father is the nominee) which I am doing. My brother has no on-paper work experience in the consulting business. Am I allowed to work as a freelancer in his company?
Hi, yes your brother can start a similar business though he does not have in hand experience of the operations. You may be of his support to provide guidance and advice in running the business. However it is advisable that you are only a silent partner in the business as you are already working in a consulting company and need to assess the internal policies and contract terms of your engagement with them related to employment.
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Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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A non-Competing Agreement is not a compulsory Agreement to be signed with Employer. However, the question of Non-Competing starts only after one signs it. Where in this case, you have not signed such agreement and the second thing being that your brother has no connection with the Company, he can start one such similar company which is similar to the company, in which you are or were working, when the question comes to, you working as a freelancer in your brother's company. There wouldn't be any problem and you cannot be stopped unless, you have any interests in the earlier company which cannot be used in any other company.
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Adv. Nachiketh Konapur
Bangalore | 25+ Answers
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