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Startup laws for importing products to India and selling it in India


22-Mar-2023 (In Startup Law)
sir i want to start a business in which 1) i will import some products from china/usa/uk, 2) sell cosmetic products made in india under my brand 2a)- (want to register my brandname since i dont have any right now), 3) sell on amazon/flipkart etc online sites i am getting a shop on rent but the landlord is not the owner as he got this shop on lease but he does not have proper papers of that shop because of which rental agreement is not possible but he agrees to give noc & affidavit to me for using his shop for any purpose so is this shop eligible for getting vat/tin/cst/ proprietorship/iec code/brand registeration for the above business model.
Answers (4)

Answer #1
918 votes
You would require advice on the laws governing imports and export of products. Also, we need to see the papers that the landlord has for the shop. Based on your description one cannot comment if the said landlord can, in the first place, issue NOC and allow you to use the space. Would you like to have a quick meeting and we can address your issues.
Answer #2
820 votes
Sir

You need to enter into a rent/lease agreement with the landlord along with noc and utility bill of the place to start your business on an rented or leased place. please make sure that person renting you the property has a proper title over the property to pass it on to you.

Regards
Adv Tarundeep Singh
Answer #3
831 votes
Well it appears you need proper end-to-end advice on setting up your business. Would suggest you take adequate legal advice on structuring and all legal compliances before you get into business. Decide on a budget for the task beforehand. So faras your queries are concerned, my inputs:

i) Depending on your business model and size, your business may be either in the form of a proprietorship, partnership firm, LLP, one person company or a pvt. ltd company (cost for incorporation will be different for each). In case of company or LLP, your constitution documents must specify all types of business you want to undertake
ii) Trademark registration can be done either in your own name or the name of your entity. Please verify that the proposed name is not already registered or being used by others (cost for the entire process can be shared at request). You may also get the registration done using your residence address.
iii) NOC from the shop owner may work for registration (vat/ cst/ IEC /PAN/TAN etc.). But a proper lease / rental agreement is always better for stability of the business. But the registration will have to be in the name of the firm/ company you will set up (post incorporation requirement).
iv) Note that you will also need registration/ approval/ license from the state/ central drugs and cosmetic control department for your cosmetics.

Please contact for a details discussion and advice on your queries.
Answer #4
940 votes
You will have to incorporate a firm(Company, LLP or OPC). Subsequently you will have to get your seal made, PAN card of firm in place and open a current account. Then you will have to apply for IEC(Importer Exporter code) at Director general of foreign trade (DGFT) and you will be able to pursue your business. As far as lease of the shop is concerned at the onset while registration of your company you will have to specify your business area and also show a registration office in the form of No objection certificate with a recent utility bill. You can enter into informal agreement with the show lessee to get your job done

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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