Legal Aspects for a Startup

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STARTUP INDIA POLICY Understanding - Legal Aspects

Transcript of Legal Aspects for a Startup

Page 1: Legal Aspects for a Startup

STARTUP INDIA POLICYUnderstanding - Legal Aspects

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Aims and ObjectivesAIM > To foster entrepreneurship > To promote Innovation by creating

ecosystem OBJECTIVES > India to become Nation of “Jobs

Creator” and not “Jobs Seeker” > Start a revolution for Startups

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Stakeholders

Advantage India

Start Up

Incubators

VC

Govt of India

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Commitments by Govt. of IndiaSimplification and Handholding

Funding Support of Rs. 10,000 Crores in next 4 years and Incentives

Incubation & Industry Acadamia Partnership

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Eligibility Entity should be either: > a Private Limited Company > a Registered Partnership Firm > LLPEntity : > Should be New OR registered in last 5

years > Should not have turnover exceed Rs. 25

Cr > Working towards Innovation, IPR, new

products

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Innovation means…..Working towards Innovation, Development,

Deployment or Commercialisation of: - New Products, - New Processes or - New Services Driven by Technology OR Intellectual Property

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Commitments by Govt. of India

SIMPLIFICATION AND HANDHOLDING

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Simplification and Handholding

Commitment 1 Simplify Labour

Laws &

Environment Laws

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Simplification and HandholdingCommitment 2 Create a Platform for Startup

- Central & State Govt, Incubators

- VCs, Angels, Banks - Mentors, Legal Partners,

Advisors

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www.startupindia.gov.in

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Simplification and HandholdingCommitment 3 Connect via Mobile App - Register your Startup - Tracking final registration - Filing Compliances - Apply for various Schemes - Connect and Collaborate

with Startup Ecosystem

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Download App…… now

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Simplification and HandholdingCommitment 4 Free Legal Support for Trademark ,

Patent, Design applications - Free Legal Advise to file Trademark

and Patent Application through Empanelled Legal Consultants

- Fast Track Patent Examination - Rebate of 80% of Govt Fee for

Trademark, Patent, Design applications

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Simplification and HandholdingCommitment 5 Startup can participate 20% of Govt supplies

- Startup can supply to Govt. Tenders without meeting criteria of Experience or Turnover

- No compromise with quality / technology parameters

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Simplification and HandholdingCommitment 6 Faster Exit for Failed Startup

- Failed Startup can wind-up / close Company / Firm in 90 days

- New Law on Insolvency to be passed

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Commitments by Govt. of India

FUNDING SUPPORT & INCENTIVES

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Funding Support and Incentives Commitment 7 Funding of Rs. 10,000 Cr by Govt. of India -

- Rs. 2500 Cr every year - Fund of Funds - Managed by Professionals - LIC to be co-investors

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Funding Flow Govt of India will fund to SEBI

registered Venture Capital Fund

Venture Capital Fund will invest in Eligible Start Up

Funding Received by Startup

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Funding Support and IncentivesCommitment 8 Credit Guarantee on Debts

- Venture Debts to Startup by Banks and other lenders

- Rs. 500 Cr per year Thru SIDBI / National Credit Guarantee Trust

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Funding Support and IncentivesCommitment 9 Capital Gain Relaxation to

Investors - Investor can invest in Fund of

Funds to get exemption of Capital Gain

- Investment in Computer Software to be considered as purchase of “New Asset”

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Funding Support and IncentivesCommitment 10 Tax Exemptions - Exemption of Profits for

a period of 3 years subject to non distribution of dividends

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Funding Support and IncentivesCommitment 11 Exemption to investors for

Fair Market Value - Investor can invest at any

value without any restriction on Fair Value

- Available to VC as well as Incubators

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Commitments by Govt. of India

PARTNERSHIP WITH INDUSTRY & INCUBATORS

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Partnership with Industry and Incubators Commitment 12 National and International Fests Commitment 13 Innovation Hubs - 500 Tinkering Labs - Sector Specific Incubators - Innovation Awards - 31 Innovation Centres - 13 Startup Centres - 18 Technology Incubators - 7 New R&D Parks

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How Startup get benefits Step 1 - Check your eligibility as entityStep 2 - Check whether you have

“Innovation” Step 3 - Register with ANY ONE of the

following:- - Incubator in Post Graduate Indian College - Incubator Funded by Govt - Incubator Recognised by Govt - Funded by Incubator/Angle/PE - Patent Granted

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How Startup get benefitsStep 4 – To get IPR and Tax

Benefits – get approval of DIPP about Innovation

Step 5 – Apply online on Govt Portal www.makeindia.gov.in

Step 6 – Get Registration Certificate as Startup Online

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Other Legal Aspects for All StartupDecide about Legal Structure of

Startup - LLP, Partnership Firm or Company

Incorporation / Registration Initial Tax / Labour Law Registrations Legal Agreements between Founders,

Website Development Related, Technology Development Related, Employee Related, Vendors related

Registration of Trademark, Patent

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