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FAQs
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Legal professionals, what is your best example of showing that a witness was lying whilst giving their testimony?
The best way still to show that a witness or Accused (“defendant” in some jurisdictions) is lying, is to point them and the court to self contradictions in their testimony, or to give clear evidence by another party or source that rebuts the witness's or Accused's evidence.As an example; a few years ago I prosecuted an Accused who essentially forcefully hijacked the business of the complainants. In the process he committed certain offences such as theft and fraud, amongst others. His defence was that he was not the main actor, he was just taking instructions from his partner who he claimed ...
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Is HAL Tejas really a junk fighter aircraft?
Anonymous OP= Sadist w/o enough proof and evidence a.k.a TROLL.So here it is for Ya’all sadists fanboys.LOOK AT IT. UNDERSTAND IT. DIGEST IT. RESPECT IT!The answer is very long, but I assure you that it is to the point and will answer both questions in detail.The LCA-Tejas is the replacement for the soviet origin Mig-21 fighter aircrafts, which have been in air for around 70 years with various air-forces across the globe, Indian Air Force being a major customer with considerable numbers still in service. The LCA has hit the production lines and 123 are on order.But it is still a question if LCA is a worthy successor to the Mig-21? and if the country has gained anything from this or is it just another piece of junk?This answer shall dig into the above questions.Content:1.Role2.Aerodynamics3.Stealth4.Safety5.How it has helped the country?ROLE:Mig-21: It was primarily designed and inducted as an Interceptor, Later it was modified as CAS and a airsuperiority fighter.LCA: Point defense, multi-role fighter.Inference: The primary job of an interceptor is to gain speed and height quickly and to intercept incoming threats. They are not primarily designed to undertake CAS and Air-superiority fighter roles whereas LCA from the first day was supposed to be a multirole fighter. The design of Mig allows it to travel at very high speeds with degraded performance at low speed where as LCA has a balanced performance in all speed regimes.Little knowledge before going further:Aspect Ratio(AR): Ratio of total lenth of wing(wing span) to ChordWing loading(WL): It is ratio of gross weight to be carried by wing to area of wingLeading edge/Trailing edge :Anhedral/Dihedral:Chord: Line joining Leading edge to trailing edgeAOA: Angle between chord and Wind.Critical AOA: AOA for which lift is maximum or angle after which lift starts decreasing rapidly.Relation of AR with lift:Lift Vs AOA for various AR:Inference :Higher AR will have higher LiftMore the AR less will be the Critical AOA.Higher the AR, higher the induced dragAerodynamics of Delta Wings:Lift generated by delta wing has two components: Vortex lift+Potential Flow lift (read Lift on a flat plate)At lower angle of attack the lift is only the Potential flow component.(AOA=0*-5*)At higher angle of attacks Vortex are generated by the leading edge, which flow over wing and creates a low pressure region over wing and hence lift is generated.(AOA=5*-20*)At higher AOA the vortex starts getting disturbed and lift is decreased but can be controlled by certain measures.(AOA=20*-30*)Delta wing shows low lift at low A.O.A because of following reasons:More surface area for given amount of lift causes more viscous drag which decreases Lift/Drag ratio. More the ratio is better the lift.At low AOA the formation of vortex is not uniform or flow separation or due to vortex burst(I oversimplified way too much).Relation of WL with Maneuverability: The less the WL the better and faster will be the roll maneuver.AERODYNAMICS:Wing Type:Mig-21: Pure Cropped Delta with tail.LCA: Cropped Compound tailless delta.Inference: Mig had an extra control surface that added to the drag at high speed regime. Being pure cropped delta has it’s fair share of disadvantages as i mentioned above. Also due to the design the take off speed and distance is more for Mig-21 than Tejas.AR:Mig-21: 2.2LCA: ~1.75(Wing span^2 / wing area)Inference: Mig-21 focuses on more lift whereas LCA for less drag, no one wins in this department all matter of priorities. Trade-offs can’t be avoided.WL:Mig-21: 452LCA: 247Inference: LCA is a clear winner, this makes LCA more maneuverable in combat.Thrust to Weight Ratio:Mig-21: 0.7LCA: 1.07Inference: LCA wins, this gives LCA a better climb rate than Mig-21.Wing Position:Mig-21: -2* dihedralIts 2 deg annhedral sirLCA: Anhedral:Inference: Anhedral position of delta wings generates extra lift. LCA wins.AOA: This part is tricky.Mig-21:30*LCA:28*Inference: Despite using dihedral swept back cranks LCA has AOA 2* less than Mig-21, but at the same time it is good in terms of existing 4.5 gen aircrafts. The reason for the following can be the pure delta of Mig-21 which are best suited in for high AOA but poor lift at low AOA where as LCA tries to keep the lift enact even at low AOA and low speed, so the reduction of 2* AOA in LCA is a trade-off for a wider flight envelope.STEALTH:Inlet:Mig-21: Inlet cone with Inlet at front of the plane.LCA: Supersonic, Y-duct below and behind the wing.Inference: Mig doesnot gives stealth due to the protruding cone and compressor RCS just visible at the front whre as LCA has two advantage:Stealth by covering the Compressor RCS.Continious suppply of air at high AOA.Material Used:Mig-21: Mostly metal or alluminium alloyLCA: 44% is Carbon composite.Inference: LCA is more lighter, stronger and stealthier.Wing Blending: The Blending of wing with fuselage in LCA does two things:Lower down the RCS.Make fuselage a Lift generating object. This feature is not present in Mig-21.RAM: Extensive use of RAM(Radar Absorbing Materials) decrease the RCS both of body and the Cockpit through canopy.SAFETY:Needless to say from the day LCA was first flown it had never ever met with an accident, Mig-21 doesnot have a appreciable safety record which has earned it the name of “Flying Coffin”.IS LCA PROJECT A SCAM ON TAXPAYERS MONEY?Well, probably what’s your say on these?We paid $2B for INS vikramaditya when it was projected to be several millions.We are paying more than $3B for FGFA but the work share and ToT is still questionable.We are major share holder in Mig-29 and SU-30 MKI developement and still the supplier doesn't share spare parts of the same, result being more than 40% fighters being grounded at any given time and frequent crashes.We bought T-90S but it's FCS, Armour and Air condition, RCWS all run on that developed by DRDO for Arjun MBT, same stands for T-72 CIA. Reason Russia didn’t share the ToT as per agreement.Add up all these and the total financial figure can easily cross $10B. But still the media never shys away from calling this utterly over expensive, frequent maintainance and accident prone Russian equipments some sort of “Brahmastra” and the LCA which hasn’t met with an accident so far and an availability of 73% all the time a DUD. This is a bigger scam. Isn’t it?Coming to Tejas:1. It was meant to replace Mig-21 which was not a key fighter either.2.LCA remains the cheapest programme with just $1B on it’s R&D. Atleast one-fourteenth of the budget of nearest contemporary and still comparable.Can the OP produce any official reports to quantify the fact that an aircraft which is developed by an R&D organisation whose Total R&D budget is one-sixth of an E-retailing company’s R&D and having underpaid scientists as compared to it’s international peers is a SCAM.IS IT A CHEAP MIRAGE COPY?Perhaps NO. Why?Here is it :WING POSITION W.R.T FUSELAGE:Mirage: Flat i.e 0* w.r.t to horizontol axis.LCA: AnhedralInference: For Delta Wings Anhedral placement creates more lift, which further help to counter the lack of lift during slow speeds in tejas but thats not the case with Mirage, suffers lack of lift during slow speeds.Extra LIFT AND PERFORMANCE INCREMENT DEVICES(Canards/LERX/Chine etc):Mirage: Small strake on the intakes above wing.LCA: Crank (Marked in pink and dihedrally placed)Inference: Mirage doesnot have any Lift increment device, the strakes it uses it gives a littlehelp in maintaining airflow at high AOA but not very effective , unlike tejas whose dihedrally positioned forward swept crank helps it a lot to maintain lift at high angle of attack(AOA) by delaying flow separation above wings.BLENDING WING : Look at wing- fuselage for junction both :Mirage: The junction is clearly visible.LCA: There is blending of juction between wing-fuselage.Inference: Now this feature does two things-Makes the fuselage self lift creating object.Helps to reduce the RCS and add stealth to aircraft.Mirage is in disadvantage in this one.WING-LOADING : The lower the better. Lower wing loading is a key deciding factor about the maneuverability of aircraft. Lower wing-loading helps in better dogfight.Mirage:337 kg/m²LCA: 247 kg/m²Now comes the most complex of all but rather ignored topic the INTAKES. The topic is scientifically very critical in deciding the performance of aircraft.The position of inlet:Mirage: Beside the fuselage.LCA: Under and Behind wing.Inference: Putting the inlet sidewise, creates airflow moving over the surface of the fuselage develops a turbulent boundary layer, and ingesting this turbulent boundary layer into the engines may causes problems in the compressors if not it adds to drag. Also at high AOA this position of inlets does not ensure a good performance but in case of tejas the position of inlet behind wind ensures a considerable of amount of air supply to engine at high AOA which is not in case of Mirage.Type of Intake:Further the intakes of Mirage are old gen intake comprising inlet cone but which doesnot helps to guard the compressor RCS, but Tejas uses Y-Duct intake that curtails the compressor RCS and gives a big RCS reduction to tejas and adds to tejas’s stealth which is not the case with Mirage.Above: Inlet cone of Mirage; Below: Y-duct inlet design.Conclusion: Where Mirage was primarily developed to replace Mirage III it was supposed to be a interceptor and good ground attack capability which are the strong points of mirage but lacks little bit in Air to Air and Stealth capability whereas the LCA was always supposed to be point defense fighter to replace Mig-21 , hence it was supposed to have a well balance of ground attack, Air to Air combat and Stealth. Though LCA lacks in terms of range but thats a trade off between aerodynamics, stealth and attack capability just like the Mirage which does just the reverse. It’s all matter of priorities. The following points proves that LCA is not copy of Mirage-2000 either!A SHEAR WASTE OF TAXPAYERS MONEY?Hell No, I don’t believe so!TEJAS IS NOT A FIFITH GENERATION AIRCRAFT. IT WAS NOT SUPPOSED TO BE ONE. IT IS REPLACEMENT FOR MIG-21. IT DOES JOB QUITE WELL. LETS KEEP IT THAT WAY. TELLING TEJAS IS FIFTH GENRATION AIRCRAFT WHEN IT IS NOT IS UNDERMINING THE AIRCRAFT DELIBERATELY. WE HAVE FGFA AND AMCA PROGRAMMES TO TAKE CARE OF FIFTH GENERATION AIRCRAFT NEEDS.Rest of the answer i am reposting one of my earlier ones:IAF is at least of its air squadron power ever, this answer shall also look into this point if this situation was sudden or it was predictable.HAL tejas a failure or Success?Well its time to find out…Content:History of developement: HAL Marut, MCA(Most of us won’t have even heard of it), LCA-tejasTechnologies developed: Fly-by wire, engine, radar, aerodynamics, avionicscontribution to the industry/ country .comparison of budgets with other fighter jets?Let’s start with:HISTORY:HAL MARUT:The first supersonic fighter jets in Asia.Served efficiently from 1960–1991 without any severe problems.Also IAF was enjoying aerial supremacy in the region with the newly developed and bought 1200 Mig-21, during this time the PLAAF was not as strong as IAF. But Chinese realised “SOMETHING” that we (excluding navy) didn’t and are still denying from realising it.It was first fighter jet developed, designed and manufactured in India.It got some engine problems, GTRE did developed engine for it, it worked with complete efficiency but was incompatible with aircraft. Had there been foresightedness in airforce, governement and beuraucracy a little more funds would have given us a new engine for Marut. But Marut died a slow death given by beuraucracy, poor R&D funding(which still is poor), and lack of foresightedness.HAL MCA(Medium Combat Aircraft): Say Hello to this Guy!!It was the twin engined, vertical stabilizer less, 360 Thrust vectoring nozzle aircraft a.k.a twin engined MCA(big brother of MCA)It was proposed in early 2000s.But We did the same mistake again, IAF showed little interest in the program and the plan was shelved back in 2000s and the IAF insisted on the LCA and insisted for 126 MCA from foreign and hence started the saga of 126 MMRCA with tender being issued in 2001. The deal was signed for just 36 in 2016. We wasted 16 years again, had there been foresightedness and less corruption in the system , with proper absorption of public and private industry, this thing would have been already into the sky.But, it never saw the daylight and remained a proposal.HAL TEJAS:The so called 1980 is just a media propaganda, it was the year IAF mentioned this matter, 1984 ADA was formed and 1990 finally funds were released so actual commencement was 1990 and not alleged 1980.At last there was some ray of hope though tarnished by 1999 nuclear test embargos, Tejas took to the sky in 2001.LCA was named tejas by then PM.Shri Atal Bihari Bajpayee. The programme went well till 2004, it slowed down after 2004 due to slack nature of then government, corruption throughout the reign rocked the entire country during this period, Let alone tejas it was just a small Fighter jet under developement.2014 BJP governement came back again with absolute majority and Defense Minister being Manohar parrikar, clearly stating that Tejas is his dream project.Tejas programme in this two year period i.e 2014–16 saw a faster speed of developement with 123 strong tejas being ordered by DAC and in early 2017 it’s FOC started with successfull firing of Derby guided missile in guided missile mode.TECHNOLOGIES DEVELOPED:Airframe and Aerodynamics(including stealth):The exact RCS of tejas is unknown. But it is said that it is “1/3 of mirage”, considerably low as compared to other 4th generation aircrafts because ofHigh usage of carbon composites.Being small in size adds to the lowering the RCS.Y-shape inlets that reduces the heat signature of the engine..Use of RAM(Radar Absorbent material) paints.Addition of AESA radar in mk1a and mk2 will ensure that tejas locks on to the target before target sees it which adds to the LO feature.Radar waves normally enter the cockpit reflects of objects & possibly return to the radar and even the HMD of pilot itself contributes to RCS. To avoid this Tejas canopy is coated with a thin film transparent conductor of Indium Tin Oxide. The coating is thin enough that it has no adverse effect on pilot vision and can reflect the radar waves away from the radar antenna.quadraplex digital fly-by-wire control system.ENGINE:A little bit history about the kaveri engine:The GTRE GTX-35VS Kaveri is a turbofan project developed by the (GTRE), a lab under the DRDOT the Kaveri was originally intended to power production models of the Tejas LCA fighter.This was approx 202 mn $ project.Later on the project was divided into two category: K9 and K 10K9: Will be completely indigenous with only foreign consultation and certification.K10: Will be a joint venture with a foreign partner.Problems that occured:Kaveri engine in its present form uses directionally solidified blade technology which is rather an old tech and it couldn’t tolerate the high temperature in its combustion chamber called “Kabini”. The solution was “single crystal blades”The thrust generated was nearly 65 to 70% of what was needed.Performance decay at high altitude.A peculiar noise when in after burning mode..Here comes the MMRCA deal which many think was a bad decision by the current leadership as it just bought 36 rafales. But if we look closely to the offset, it was boon to us as under the offset:Snecma which manufacture the Rafales M-88 core agreed to help and signNow the engine in 18 months.DRDO has been given a virtual carte blanche to channelise offsets from the Indian Rafale deal to resurrect the Kaveri.Snecma, a partner in the Rafale programme, builds the Rafale’s twin M88 turbofan engines. Under the terms of the partnership , Snecma is working to modify, signNow and integrate the Kaveri on a Light Combat Aircraft airframe before 2020.A later phase in the partnership will involve modifications on the Kaveri for a twin configuration on India’s AMCA fifth generation fighter concept and an altered non-reheat version for the Ghatak UCAV.According to DRDO chief the kaveri engine will be ready by next aero india.Another good new is that altitude test and flying test bed trials have been completed. Official statement of MoD in Parliament” In a written reply to the Lok Sabha in December 2016, Minister of State for Defence Subhash Bhamre had called the effort of the GTRE in developing the engine as “an attempt to mastering one of the most complex technologies”. The minister said the altitude test and flying test bed trials for the engine had been completed and other developmental problems were being addressed to make the engine flight-worthy through in-house efforts as well with assistance from abroad”.The engine will be first used on Tejas PV-1.Other uses will beGhatak UCAV(Dry variant or w/o afterburner)AMCATejas Mk2Also, Rolls royce has collaborated with DRDO on developing the K10 engine. This engine’s first prototype is to be expected in 12 month. The news was broken out in Aero-india 2017 in february.http://www.thehindu.com/news/nat...UK’s Rolls Royce, India’s DRDO working together on engine for fighter jetsWIND TUNNEL FACILITIES:Perhaps you have made this 74 Wind tunnel facilities across the country and other aerospace testing centres.LCA was the principle project that compelled India to develope all this centres of excellence indigenously after being kicked out from Buffalo, USA after ’99 nuclear test.AVIONICS:Indigenous HUD.EW suite for Tejas is under developement for LCA but since it is small it has to be compact other than that Tusker EW suite is the bigger derivative of the suite Mayavi EW for LCA and is used for Mig-29, jaguar and Su-30. Samyukta is also another EW suite that has used the experience from past developement of Mayavi and tusker EW.Early version of tejas (PVs) had analog display now they fly on Digital display designed by DARE(DRDO).Also DARE has developed the litening targetting pod for effective targetting of air version of brahmos.It’s HMD is ELBIT designed, but its friend and foe detection is designed by DRDO.UTTAM AESA (Further updates:Soikot Banerjee (सोइकोत बैनर्जी)'s answer to Is India developing/working on AESA radars?)radar has given rise to many other forms of AESA radar such as that used on swordfish radar, AEW&C, recently successfully launched QRSAM.CONTRIBUTION TO COUNTRY/INDUSTRY:Private sector giants especially TATA SED and L&T have gained a lot of experience in electronics and manufacturing respectively.It has created a chain of MSMEs.Almost entire fuselage which includes wings, center of fuselage is made by private companies and HAL is only a integrator.AMOUNT OF RESOURCE:Tejas is the most economical 4.5 gen aircraft programme ever with $1 bn spent on programme, whereas Gripen is 14 bn$ programme and F-16 even more.Tejas has never ever faced an accident whereas its competitor Grippen has faced Two accidents.Given the amount of experience by spending the least amount of money compared to any fighter jet programme as shown by above facts and two failed attempts to develope or continue to develope a fighter jets, TEJAS LCA IS A SUCCESS.The “SOMETHING” that i mentioned earlier is the thing that complete indigenisation is the only way you can survive for long and you can see how strong and thriving the chinese aerospace industry is now(you can abuse me as traitor, porkistani and whatever you may like).But it’s time to accept that only R&D can give us what we call as self reliance and not so called ToT that we keep asking from other nations.No nation will give critical technologies that have made them pioneers of their respective field. By giving critical tech to another company, no parent company in sane mind would create their own competitor. But w/o critical tech we can’t modify the weapon platforms according to needs as all IPR are reserved with the parent company, forget about creating a new one.Hence LCA TEJAS is a success and the present squadron crisis was predictable and also preventable had there been foresightedness in IAF, beuraucracy to develope complete R&D infrastructure by consuming potential of both private and public sector also academic institutions to the fullest.Hope this is sufficient for you, or else I can serve more but that will be on further requests. LOLz.Footnotes:1.Soikot Banerjee (सोइकोत बैनर्जी)'s answer to After the failure of Kaveri GTX jet engine is India still developing an indigenous jet engine?2.https://www.quora.com/Why-cant-India-develop-its-own-AESA-radar/answer/Soikot-Banerjee?srid=RKYr3.Soikot Banerjee (सोइकोत बैनर्जी)'s answer to Why can't India develop its own AESA radar?4.https://www.quora.com/What-is-the-RCS-of-Tejas/answer/Soikot-Banerjee?srid=RKYrPic credits: Google and Respective ownerPic credits: GooglePic credits:respective owners and google.Data: Wikipedia
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Why isn't the legal system willing to accept "I never received a notice," as a valid excuse? Why don't they simply mail the impo
When “I never received notice” isn’t a valid excuse, it is because too many people will, frankly, lie about this. People also make affirmative efforts to evade service. And sometimes people decide to just up and move without bothering to tell anyone. Shocking, I know.Thus, formal rules about service make it easy to determine whether service was done properly, and a party claiming lack of notice despite compliance with the rules will be required to prove the likelihood of actual lack of notice before the excuse will be even considered. On the other hand, if the party purportedly giving notice did not comply with the rules, the notice won’t be presumed to be valid without either an acknowledgment or waiver by the defendant.There are two different categories of notices—initial process and subsequent notice.For initial process, the court must obtain jurisdiction over the defendant. Traditionally this was done by personal service within the court’s territorial jurisdiction—the defendant needed to be “tagged.” This tagging was done by the sheriff (or a deputy), an agent of the court itself. If the defendant never showed up in the jurisdiction, the case could not proceed.¹More modern concepts of personal jurisdiction do not place as much emphasis on presence within the place; as any American law student will know, the case of International Shoe Co. v. State of Washington² established that personal jurisdiction could be asserted beyond a State’s boundaries if “minimum contacts” existed and “fair play” suggests that haling a foreign defendant to answer an in-state complaint would be reasonable.Of course, personal service by the state’s sheriff isn’t possible in such a case, and so most states do permit alternative forms of service as a matter of course (sometimes those alternative methods are available domestically as well). The exact requirements may vary by type of case and in any event will be spelled out in local rules of civil procedure; for proper advice you will want to consult a lawyer in the place where the action is. But generally, when initial process is involved, some form of service that leaves no doubt about the service, and the verification of some third party—the sheriff, the Post Office, a process server, &c—is required (the plaintiff in propria persona is not usually allowed to do initial personal service as they have as much motivation to lie about it as does the defendant). That might be personal service by a disinterested adult, another jurisdiction’s deputized sheriff, or service by certified mail.³ This means that someone is in a position to submit proof of the service to the court. (A defendant may also acknowledge service or waive⁴ any defects in service.)Now, for subsequent service, the rules tend to be a bit different. Once a party has been tagged and haled into court, they have a responsibility to themself and to the court to appear and present whatever defence they have to the action. Parties are, of course, entitled to notice of things that happen in the case—ex parte and sealed proceedings are extremely limited. But, at this point, because being party to a suit involves this responsibility, part of it is to keep the court and the other parties apprised of a proper address where notices may be served with a minimum of fuss (and to notify the court if that changes). Usually this is a mailing address and service is made by ordinary mail—which doesn’t require a signature and thus is less hassle for everyone—but in some cases service by e-mail, facsimile transmission, and the like may be agreed to (in the case of electronic case filing systems, e-mail service will likely be mandated as a condition of ECF use). Personal service is still permitted as a method of serving these subsequent papers, but not required. Again as to specific methods of service, you need to consult your local rules of procedure and the local attorney previously suggested.And so, a movant or the court will not be expected to make extraordinary efforts to provide “actual notice” of every single piece of paper by certified mail or personal service and give the defendant the opportunity to delay the case by evading service of motions. Neither will the court or other parties be required to chase a party around in the event of their moving and not leaving a forwarding address.⁵ Service to the “last known address” is almost universally sufficient. And the court won’t be impressed with “I didn’t get notices” when the lack of such notices is apparently the respondent’s own fault.N.B. This answer may be somewhat generalized for the United States; other legal régimes have their own ideas about notices.Notes:¹ A plaintiff unable to effect service could, of course, attempt to commence the action in another jurisdiction where the defendant could be found.² 326 U.S. 310 (1945). International Shoe is famous for the notion that an out-of-state defendant with “continuous and systematic contacts” to the state would nonetheless be susceptible to being sued there; the rule was further broadened by Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985), where even contacts that could not even be characterized as “minimum” with Florida were sufficient in the context of specifically making a comprehensive agreement to deal with a corporation legally resident in Florida.³ “Special service” or service not generally provided for by rule may be obtained by order of court only in the event that regular service cannot be obtained. Special service is usually publication. The purpose of special service is to allow the plaintiff to proceed with the action without having it stayed for an unreasonable period of time due to the absence of the defendant. The showing required for special service will vary by jurisdiction and possibly the facts of the case. And a defendant seeking to set aside a judgment obtained in this manner will have a much easier time of it than the defendant seeking to contest normal methods of service.⁴ As the primary purpose of service requirements is “notice to the defendant,” the mere fact that the defendant appears in the action suggests rather strongly that the defendant does in fact know about it. Consequently, a party seeking to challenge the validity of original service must do so at the outset and before making any substantive response to the complaint, otherwise the court will not hear such challenges and they will be deemed waived.⁵ We have this problem rather perennially in support court. I suspect it is a combination of general haplessness on the part of some of our obligors and deliberate efforts to evade our enforcement proceedings, but we get a lot of people who don’t show up at their contempt hearings because they “didn’t get notice.” The court issues bench warrants and most of the individuals are later arrested, and the failure of notice is not regarded as a defense by the court and in fact often leads to an additional contempt for failing to appear or to comply with the language in the support orders requiring parties to notify the court of address changes.
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How do I register a Pvt. Ltd. company?
Steps to Register Private Limited Company:-Step 1. Digital Signature Certificate(DSC) RequiredThe first and foremost step to start the registration process is to have directors & shareholders Digital Signature Certificate. Digital Signature are nothing but a USB drive(DSC token) which contains the encrypted digital signature of a person.It is same as a person is signing with a pen on a paper and with digital signature, a person can sign a document on Computer.Step 2. Directors Identification Number(DIN)Directors Identification Number(DIN) are mandatory for every person, who wishes to become a director in any company. PAN card is mandatory to have a DIN number. Director Identification Number is a unique code which has lifetime validity.Documents required for DIN ApplicationPAN CardAdhar CardElectricity BillPhone billMobile BillBank StatementNote: There can be Maximum 15 Directors in a Private Limited Company which can be received by giving Notice to ROCStep 3. Name ReservationAfter having DIN number. Name Reservation Application can be filed through Form INC-1 and Name will be reserved by the DIN numbers of the Directors. Following points should be considered while making the application for Name Reservation.The name should not be similar to any existing company or LLP name.The name should not be similar to any Registered Intellectual Property.In the event of winding-up of a company, the name of such entity will not be available for use for the next 2 years. However, if company winds up by the court order, then the name of such entity will not be available for use for the next 20 years.Step 4. Drafting of Memorandum of Association(MOA) and Article of Association(AOA)Memorandum of Association: It is the constitution of a company. It is a document, which among other things, defines the areas within which the company can act. It states the objects for which the company has been formed. Articles of Association: It contains the rules and regulations relating to the internal management of a company. It serves as a binding contract between the company and its members. Once the company name is approved by the ROC, the subsequent step is to draft the MoA and AoA. The subscribers need to determine their name, address, and occupation in their own particular handwriting and sign the subscription pages of MoA and AoA.Step 5. Certificate of IncorporationAfter the submission and completion of all the necessary documents, the registrar of the company shall retain and register the memorandum and articles. After the registration of the Memorandum of a company, the registrar shall signNow that the company is incorporated. The digitally signed "certificate of incorporation" then will be emailed to the directors.
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What are the documents required for registration of a Private Limited Company in India?
Documents required for Incorporating your Private Limited Company:I) Documentation Required For Shareholders and DirectorsNote: If you have an Aadhaar Card which is linked to a mobile number then you can skip point 1 below as we will issue you a digital signature through a paperless process!Signed Digital Signature Form.2 copies of Bank Manager or Post Master Attested AND Self Attested PAN Card.2 copies Bank Manager or Post Master Attested AND Self Attested ID Proof (Any one of the following- Aadhaar Card, Passport, Election Card or Driving License)2 copies Bank Manager or Post Master Attested AND Self Attested Address Proof (Any one of the following- Aadhaar Card , Bank Statement, Electricity Bill, Telephone Bill or Mobile Bill ) (Should not be older than 2 months)Passport size photoII) For Registering Office Address (Note: You can start company from a Residential Address as well)IF the Premises IS taken on Lease by the Company.Scanned Copy of Lease Deed/Rent Agreement.Scanned copy of any one of the Latest Electricity Bill/Telephone Bill/Gas Bill.Scanned copy of the Self attested Signature Proof of the Owner. (Any one of Passport, PAN, Driving License, Voter ID Card) (To be provided only if agreement is not registered)2) IF the Premises IS NOT taken on Lease by the Company.Scanned copy Letter of Consent from the Owner of the Premises (Format will be sent to you once you scan and send the electricity bill)Scanned copy of any one of the Latest Electricity Bill/Telephone Bill/Gas Bill.Scanned copy of the Self attested Signature Proof of the Owner giving the Consent (Passport, PAN, Driving License, Voter ID Card)III) For IncorporationScanned Form INC-9. Note: Form INC-9 has to be printed on a Rs 100/- stamp paper and has to be signNowd by YOUScanned Copy of Form DIR-2One can now Incorporate his / her Private Limited Company / LLP for FREE! Contact us for any support and further details.
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What is the best form for a subsidiary of a foreign company in India?
The term subsidiary means a there should be either a private limited company or a public limited and at least 51% of its entire equity capital should be held by some other Indian or foreign company. To incorporate a subsidiary of a foreign company, the following article will help:How to incorporate a wholly owned subsidiary in India?Any foreign company can incorporate a wholly owned subsidiary company in India. In India, private limited companies are most popular form of business structure and therefore most obvious choice of foreign companies. In an Indian private limited company, there can two shareholders and two directors and at least one Director should be resident in India. 100% shareholding of an Indian private limited company can be owned by its foreign holding company and the requirement of having at least two shareholders can be fulfilled by giving one share to the nominee of foreign company. Wholly owned subsidiary company incorporation process is fast and hassle free and can be completed online. That means the promoters or their nominee doesn’t have to necessarily fly to India to incorporate a wholly owned subsidiary company. The step by step incorporation process is discussed below:Obtaining Digital Signature CertificateSince all incorporation papers are submitted to the Central Registration Centre, Ministry of Corporate Affairs (registering authority to register all types of Companies in India) online, so all the Individual promoters are required to have a class II type of digital signature certificate issued by any private agency such as SIFY and/or E-Mudhra. These agencies holds a license from the signNowing Authority (Under the provisions of Indian Information Technology Act, 2004) to issue digital signature certificates to individual and organisations.Digital signature certificates are generally valid for one or two years and can be used after incorporation as electronic signature of the individual promoter for submitting any document with the MCA or the Income Tax Department.To obtain digital signature certificate, the applicant has to fill, affix his/her passport size recent colour photograph and sign an application form of issuing organisation (SIFY and/or E-Mudhra). This application form is submitted to the issuing authority along with a self-attested and notarised/apostilled proof of identity and proof of address of the applicant. In case the proof of identity and address is not in English language, then a certified translated copy of the same shall be submitted along with the filled in and signed application form.1. Filing name application and obtaining name approval from the Central Registration Centre, Ministry of Corporate AffairsAfter the introduction of SPICe (A single form for submitting incorporation application), name of proposed company can be submitted in SPICe. However, it is general practice to file name application in RUN (Reserve Unique Name) and obtain name approval certificate from the Central Registration Centre, Ministry of Corporate Affairs before preparing the Memorandum and Articles of Association and SPICe. RUN is filed online after logging in on Ministry Of Corporate Affairs. Two options for the proposed name, in order of preferences, can be submitted. At this stage, a certified true copy of the Board resolution of parent company, giving no objection for the incorporation of a subsidiary company in India and authority to any Individual to sign the papers on its behalf will be necessary. The copy of Board resolution should be notarised/apostilled, in the home country of parent company. In case the parent company has any registered trademark in India, or elsewhere, and the same is being used in the name of proposed Indian company, a no objection of the parent company in the form of Board resolution along with trademark registration certificate shall also be necessary to get name approved.The Central Registration Centre shall provide two opportunity to the applicant, in case the name applied is not available for registration, thereafter a fresh name application in Form RUN shall be filed. MCA fee for filing Form RUN is INR. 1,000/- which is non-refundable.Once approved, the name shall be available for registration for 20 days and after expiry of 20 days, the approved name shall automatically be withdrawn and a fresh name application shall be filed to get the same name again. In short - incorporation papers must be submitted within 20 days of name approval.2. Memorandum of Association (MOA) and Articles of Association (AOA)The main constitutional documents of an Indian company is its Memorandum of Association and Articles of Association. The Memorandum of Association contains the objectives of the company and details of Company's promoters and their ownership in the company and also their liability in case of liquidation. The Articles of Association is also very crucial piece of document and it contains the rights, duties, obligations of promoters and directors. It defines working relationship of company with its promoters and directors. The company's Memorandum of Association and Articles of Association has be very carefully drafted as a company cannot go beyond the provisions of its Memorandum and Articles of Association.The Memorandum and Articles of Association contains subscriber page, which needs to filled in and signed by the promoters of the proposed company. In case promoter is a body corporate, the subscriber page of the Memorandum and Articles of Association shall be signed by the person authorised by the parent company through a Board resolution. In case subscription pages are being signed outside India, the same needs to be properly notarised/apostilled in order to be a legally recognised document in India. In case promoters are traveling to India to get the company incorporated and sign subscription page or other incorporation papers, they must travel to India on a valid Business Visa. However, it is not necessary for the promoters to travel to India for simply incorporating a company and an Indian company can be incorporated without requiring the promoters to fly from their home country.3. Preparation and submission of SPICe (Incorporation Papers)Once company's Memorandum and Articles of Association is finalised and executed, an incorporation application shall be prepared in SPICe and submitted online with the Central Registration Centre, Ministry of Corporate Affairs. In order to prepare SPICe, the following information and papers shall be necessary:à Service Request Number of RUN (Name application Form), in case name is reserved earlier. In case the applicant has not reserved the name earlier, name application can be filed in SPICe as well. However, it is advisable to get the name reserved through RUN to be double sure about name and avoid procedural hurdles in case the proposed name faces rejection from the Central Registration Centre;à Main business activity code of the proposed company;à Particulars of registered office address: In India, every company must have a Indian address to be used as registered office of the company within fifteen days of incorporation. Particulars of registered office address can be submitted in SPICe at the time of incorporation. In case registered office address is not finalised, then particulars of a local communication address has to be provided in SPICe and company can submit the particulars of its registered office in Form INC – 22 within 15 days of incorporation;à Particulars of Authorised and Paid-up share capital of the company: There is no requirement to have minimum paid-up share capital and therefore, paid-up share capital can be as low as INR. 1/-. The authorised share capital or nominal capital is maximum limit of share capital, a company can issue shares. Presently there is no incorporation fee for keeping the authorised share capital upto INR. 1 Million and only stamp duty has to be paid on authorised share capital. It is advisable to keep the authorised capital INR. 1 Million at the beginning. The company's authorised capital may be increased at later stage after incorporation as per the requirements of capital;à Particulars of Directors/Shareholders: After introduction of SPICe, the application for allotment of DIN (Director Identification Number) is submitted at the time of incorporation itself through SPICe. DIN is a eight digit unique number allotted to all the Directors by the Central Government and is valid for lifetime. To obtain, the Directors/Promoters has to their passport and any document establishing proof of address. The copy of passport and proof of address must be self-attested, duly notarised and/or apostilled. In case these documents are not in English language, then a certified translated copy shall also be necessary. In SPICe, the names, father's name, residential address, nationality, residential status, occupation, education qualifications, the number of shares to be held by them in the company and amount paid-up etc. shall be mentioned. Particulars for allotment of PAN and TAN shall also be filled in the SPICe. After filling the necessary details in the SPICe, necessary attachments such as affidavits, consent letters, Memorandum of Association, Articles of Association, Proof of Identity and address of promoters, Board resolution of parent company, no objection of parent company for letting the proposed Indian company use its name etc. shall be attached. The SPICe has be be digitally signed by the applicant and the same shall be duly certified by a practicing professional such as a practicing Company Secretary, Chartered Accountant or a practicing Cost Accountant.4. Clarifications | Additional information requested by the Central Registration CentreAfter submitting SPICe online, all the papers are reviewed and scrutinised by the officials at the Central Registration Centre and they may require some additional information and/or clarifications by sending back the form for its re-submission. These clarifications are requested through e-mail though re-submission request. Upon receipt of re-submission request, the applicant has to again prepare SPICe and address the queries raised by Central Registration Centre and re-file the application.5. Certificate of Incorporation & Allotment of PAN & TANOnce all clarifications are provided and officials of Central Registration Centre are satisfied, they approve SPICe and send the same to the Income Tax Department for the allotment of PAN and TAN to the proposed company. PAN and TAN are generally allotted within few hours and after allotment of PAN and TAN by the Income tax department, an electronic Certificate of Incorporation is generated. The electronic Certificate of Incorporation contains company name, an unique CIN, date of incorporation, Company's registered office address, Company's PAN and TAN. After incorporation, first Board meeting of the company is to be necessarily held within one month of incorporation, wherein a Board resolution to appoint the first auditors of the company and opening of corporate bank account shall be passed. After issuance of Certificate of Incorporation, the promoters can initiate the process of bank account opening and remittance of share application money in Company's bank account. To open a corporate bank account in India, the Directors of the Company will have to be physically present to sign the bank account opening documents as this is general practice adopted by banks.Since the Narendra Modi government came into power in 2014, many initiatives to promote the business climate of the country has been taken by the Government. India's incorporation process is effectively fast and simple and a company can be incorporated in 2-3 business days only.We at Pratham Legal can help you incorporate your wholly owned subsidiary in India. To get in touch with me, please write me at prashant@prathamlegal.comor call me at +91 9821008011. To know more about Pratham Legal, our India entry practices, please visit https://prathamlegal.com/our-pra...
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How do I company registration online?
Are you looking for Experts in Private Limited Company Registration online?When it comes to private limited company registration in India, then Virtual Auditor would be your most preferred choice.When you start Private limited company registration online in India, you need to aware ofPrivate limited companyLLP (limited liability Partnership)One Person Company.Depending upon the legal entity apart from the founders, if you have investors then you can call them as Shareholders. In most of the cases, in the starting founders & shareholders are the same because they are investing the money in business and run as bootstrapping.So here is the short guide to choosing the right legal entity to start a business in Indiaa) Private Limited Company Registration –When you have the two co-founders or want to raise the money from angel investors or venture capitalist in future then always go with the private limited company registration in India.b) Limited Liability Partnership | LLP Registration – When you have two partners or co-founders but have enough money to invest in the startup for the long terms & need limited liability in the business then go with the LLP company registration in India.c) One Person Company Registration –OPC is similar to the private limited company so it’s a best when you are the single founder of the company & need just a limited liability in the business with company legal status and 100% control over the business then go with the One Person company registration in India.Apart from above 3 legal entity if you have any business ideas which is untested then you have to always choose the simple sole proprietorship company registration in Bangalore to test the ideas before going proper pvt ltd company registration.To know more about the company registration in india, do feel free to get in touch with our service experts who would be glad to help you in every possible way. For more details contact us +91 9176044244Choose Virtual Auditor. Complete procedure and Guidelines available in this link Company Registration Steps - Reuters
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