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What are the regulations for online beer sales in the UK?
Selling online: an overview of the rulesThis is an edited version of a guide for businesses.E-commerce TMT & Sourcing TMT Retail Education UKThere has been a steady growth in the variety and volume of goods and services which are available on-line to both businesses and consumers, and on-line selling is increasingly seen as a major way for all businesses to save costs. Almost inevitably, as the practice of on-line selling proliferates so does the amount of legislation governing it. This article provides an overview of the law governing on-line sales in the UK and an analysis of the issues that a business should consider before setting up an on-line sales process.The law governing online salesThere are two distinct types of legislation that affect on-line retailers. Firstly, traditional consumer protection regulations apply to all consumer sales made on-line. These regulations are well established, but it is important to remember that they apply to on-line retailers as much as they do to traditional ones. Secondly, there are regulations designed specifically to deal with problems and issues facing retailers on-line.Traditional consumer protection regulationsThese protect purchasers and consumers whether they are buying the goods over the counter of a shop or over the internet. For instance the Sale of Goods Act gives certain rights to purchasers about the quality of the goods they receive, and their rights if the goods fail to live up to these standards. The Consumer Credit Act protects consumers' rights when they enter into an agreement for someone to provide them with loans or credit facilities including circumstances where they buy goods or services using a credit card. The Unfair Terms in Consumer Contract Regulations protect consumers' rights where they enter into agreements with retailers who try to impose unfair terms in the agreement. There are also numerous other pieces of legislation, many of which will apply to different contract and product types.Online regulationsThese regulations are new, and were brought into force largely to protect consumers' rights when they buy products either over the internet or by telephone. They largely derive from EU Directives, and include the E-commerce Regulations , the Distance Selling Regulations and the Electronic Signatures Regulations . These are the regulations that control the actual on-line sales process and they provide the starting block from which we can consider the practical business requirements of on-line retailers.Although the traditional consumer regulations are important for all sales processes, this article focuses on the on-line regulations and how they affect the various stages of the on-line sales process. The next five sections take you through what the regulations require including information that must be provided to a purchaser, the use of electronic signatures, contract formation issues and ensuring your contract is legal.Information that must be suppliedThe various regulations share a central theme: companies should not hide themselves from purchasers, and should provide as much information to purchasers as possible.Company information that must be supplied under the E-Commerce RegulationsThe E-Commerce Regulations require that all commercial web sites make the following information directly and permanently available to consumers via the website:the company's name, postal address (and registered office address if this is different) and email address;the company's registration number;any Trade or Professional Association memberships;the company's VAT number.All of this applies regardlessof whether the site sells on-line. In addition, any commercial communication – that is any email or even SMS text message – used in providing an "Information Society Service" must display this information.The E-Commerce Regulations also require that all prices must be clear and unambiguous, and web sites must state whether the prices are inclusive of taxes and delivery costs.Contractual information that must be supplied under the E-Commerce RegulationsWhen it comes to actually going through the contractual process the requirements for information increase once again and the consumers must be told:the steps involved in completing the contract on-line;whether the contract will be stored by the retailer and/or permanently accessible;the technical means the site uses to allow consumers to spot and correct errors made while inputting their details prior to the order being placed;the languages offered to conclude the contract;The website must also provide links to any relevant Codes of Conduct to which the retailer subscribes and set out the retailer's Terms and Conditions, in a way which allows users to save and print them.All of this information must be provided before the purchaser selects the product and starts the contractual process and it is possible to convey it early on in the sale, without deterring users with an unwieldy sales process. The most common route is to bundle as many of these details into the terms and conditions as possible, and ensure that consumers are appropriately directed to read them.Information that must be supplied under the Distance Selling RegulationsThese Regulations set out the information which must be provided to a consumer prior to the conclusion of the contract.The information must be provided in a clear and comprehensible manner which is appropriate to the means of distance communication used. This means that the information can be set out on a web page, provided that the information is brought to the attention of the consumers before the contract is entered into. The information to be provided includes all of the information which a supplier should, in any event, wish to provide in relation to:the identity of the supplier;the main characteristics of the goods or services;their price;arrangements for payment and delivery; andthe existence of the right of cancellation created under the Distance Selling Regulations.Information that should be set out in the terms and conditionsThe terms and conditions should:make it clear who is selling the product, together with the geographical and email address;describe clearly what the customer is getting and what it will cost, including all taxes and delivery costs; andidentify the arrangements for delivery of the product.The terms and conditions of the site are very important, and will vary for every retailer. It is important that the terms and conditions are properly drafted, as poorly drafted terms and conditions will expose the retailer to unnecessary risk.Electronic signaturesThe Electronic Signature Regulations apply to any contract and not just those entered into with consumers. In order for there to be a binding contract the following essential elements of a contract must be present:an unconditional offer;an unconditional acceptance of that offer;consideration passing from both parties other than in Scotland where consideration is not a requirement; andan intention to create legal relations, i.e. the parties must intend to enter into a legally binding contract.There must also be certainty as to the terms, parties and subject matter of the contract. For the majority of contracts there is no legal requirement for a signature.Whenever a person buys or sells something he or she is entering into a contract, no matter how small the purchase. In the newsagents, when a person buys a newspaper he or she contracts with the newsagent for the purchase. The newsagent makes an 'Invitation to Treat' by placing the publication on sale. The person offers to purchase it from the newsagent, proffering money, and the offer is accepted (concluding the contract) by taking the money. This is still a contract, although not a word needs to be said, and nothing is written down. However, the essentials of a contract have been formed: an offer (to buy, or sell), an acceptance of that offer, and (everywhere except Scotland) consideration (whether money being paid, or some other form of consideration) for the sale. The various stages of the contractual process will be discussed in more detail later, as it is important to distinguish between who is making the offer and who is accepting it.Signatures are not actually necessary for the conclusion of every contract (your visit to the paper shop could become a chore), but they can have three essential functions when we consider on-line contracts:To identify the person who has bought the product;To indicate a personal involvement, or trustworthiness; andTo indicate an intention to be bound to the contract.The principal, and simple effect of the Electronic Signature Regulations is to make electronic signatures legally valid. Most of the discussion, and further interpretation of electronic signatures actually comes from a report published in December 2001 by the Law Commission entitled "Electronic Commerce: Formal requirements in Commercial Transactions", and in subsequent guidance from the DTI.Depending on exactly what is being sold the method of collecting the electronic signature will vary. In most cases, the function required of the electronic signature is the third one listed above – indicating that the purchaser is making an offer to contract. However, for more complex products being sold on-line, for instance financial services products, the role of the signature may become more important for one or both of the first two reasons.Depending on the value and/or importance of the transaction the parties may want a greater degree of certainty as to reliability of the signature. This may involve the use of public key infrastructure, for example.Contract formation issuesThe main issues considered in this section are how, when and where the contract is formed. This involves an analysis of the contract formation procedure based on the principle of offer and acceptance and the significance of the "country of origin" principle.The offer and acceptance procedure onlineStep 1: Establishing the offer and acceptance procedureThis is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.Step 2: Completing the order formThe customer is taken to the order form where he completes the quantity of goods and his delivery details. It would be good practice to offer three buttons: submit, clear and cancel. The "clear" button is needed because the E-Commerce Regulations require a means for the customer to correct any errors.Step 3: Incorporating the terms and conditionsAt the bottom of the terms and conditions page the purchaser should, ideally, be required to check a box to indicate that he or she has read, understood and accepted the terms and conditions, before clicking the "Accept" button. The "Accept" button should not work until the box has been checked. Equally the page should be designed in such a way that the consumer cannot check the box and click "Accept" until the page has fully loaded onto the screen. By doing this, you improve your position in the event that a purchaser claims there was no opportunity to read your terms.While there is no responsibility on the retailer to ensure that the consumer has in fact read them, following this procedure will demonstrate that reasonable efforts have been made to bring them to purchasers' attention. The terms and conditions should be in a format that can be printed or saved – therefore avoid pop-up windows and ensure that they fit within the width of the page and are presented in a way that they will print properly.It is wise to also include a term like the following:"By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract."The words, "if accepted by us," are very important.This approach is the suggested 'best practice' approach for relaying the terms and conditions, and ensuring that the consumer has read them. However, it is not the most consumer friendly approach to present the purchaser with a screen of 'small print' in the middle of what, to the consumer, was an otherwise normal shopping experience. Therefore a number of on-line retailers adopt a second-best approach, which is to include a link to the terms and conditions, and make the consumer tick a box to confirm that they have read and accepted the terms and conditions, before they click the main button to buy the product. This approach, while not as legally secure, is probably acceptable in a number of purchasing models.Step 4: Taking the consumer's credit card details on-lineAt this stage, the user should be taken to the page on a secure server where his credit card details are taken. This page should state: "Your card will be debited with the sum of £X when you click the Submit button. This will be refunded if your offer is refused." Repeat the choice of submit, clear and cancel.Step 5: Acknowledging receipt of the orderWhen the card details are validated, the E-Commerce Regulations require that you give the customer an acknowledgement page and send an acknowledgement email. This should not confirm a contract; it should instead confirm that the order has been received and that the order is being "processed". It is helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on a confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of the site.Step 6: Providing confirmation of the information provided and the right to cancelThe Distance Selling Regulations now require the supplier to provide the consumer in writing or in another durable medium confirmation of the information provided prior to the conclusion of the contract and details of the right of cancellation. Generally a consumer has a period of seven working days within which to cancel the contract and return the goods to the supplier. The only cost to a consumer will be the cost of returning any goods received by it to the supplier.A consumer will not be entitled to cancel a contract after it has been entered into, where the supplier has commenced the provision of services with the consumer's agreement prior to the end of the cancellation period then the consumer will not have the right to cancel the contract for the provisional services. However, in order to benefit from this exception, the supplier must have advised the consumer that the consumer will not be able to cancel the contract once the performance of the services has begun with the consumer's agreement.It is not possible to contract out of the Distance Selling Regulations. Any term which attempts to do this will be void to the extent that it is inconsistent with the provisions of the distance Selling Regulations.Step 7: DeliveryFinally, dispatch the goods. If a typo mislabelled an item costing £200 at £2 and someone ordered 500 of them, the site could politely – and legally – refuse the order. This is because by following the procedure set out above the dispatch of goods is in effect the acceptance of the offer made by the consumer at the start of the process. Until this point there has been no acceptance and only an acknowledgement.The "country of origin" principleThe E-commerce Regulations apply a "country of origin" principle. In its simplest form, this means that as long as a UK business complies with UK laws, it can "ignore" the laws of other Member States. In general terms this is a definite bonus for on-line retailers. However, recognising that such an approach would be bad news for consumers, this basic rule is qualified.The E-Commerce Regulations do not apply the country of origin principle to the terms of consumer contracts. In practical terms, this means that a UK-based e-commerce site's terms and conditions should meet the laws of every Member State in which consumers can buy its products, not just UK laws.As a result of the consumer contract exception, any site selling to French consumers must provide its terms and conditions in French – otherwise they may be considered invalid. If selling into Denmark, consumers must be given a 14 working day cooling-off period during which the consumer can change his or her mind about the purchase and return the goods for a refund. In the UK, the cooling-off period is only seven working days. These are only examples, of course there are many other differences.Despite this signNow qualification, there are still advantages in the Regulations' country of origin principle that can benefit a UK-based business. For example, the UK's retail laws are among the most relaxed in Europe. This can give UK businesses advantages over, say, German competitors. A German e-tailer must comply with any German restrictions on promotional offers; its UK rival escapes such restrictions, even when selling to German consumers.Ensuring your contract is legalIt is important for e-commerce retailers to ensure that the contract which is formed with the consumer under the process described above is both legally correct and also affords the retailer the maximum protection. There are various ways in which the contracting process can be structured to be legally correct, and it is important to balance absolute best practice, and a more commercial approach which is still legally correct. Equally, it is surprisingly easy to structure the process in a way which is legally incorrect, and which exposes the company to more risk than is necessary.
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How do we get a tourist visa for Canada from an Indian passport?
Hi ALL,Visit your local Canada Visa Application Centre (CVAC), make sure you bring your passport, photographs, completed forms and all supporting documents as per checklist and IRCC fee instrument and payment instructions. Applicable service charges will be levied. Please ensure you bring an accepted method of payment.SUBMIT A CANADA VISA APPLICATION IN PAPER:1) The Canadian Visa Forms and FeeDownload the forms and document checklist from the VFS Canada website. Unlike most visa applications, the forms for a tourist visa to Canada are relatively short and few in number. As per the updated guidelines, Canada visa fee for Indians (both single entry and multiple entry visa) is now CAD 100 and the visa is valid for upto 10 years.2) Flight and Accommodation BookingsAs while applying for a Schengen visa, you need to show your confirmed flight and accommodation bookings. Making these in advance of the visa is always a bit of risk – so you’re better off making fully refundable bookings. Most full-fledged carriers and hotels on Booking.com: The largest selection of hotels, homes, and vacation rentals offer full refund upon cancellation. Once you receive your visa, you can cancel these and make your actual bookings. The idea is to show that you have enough money or credit limit to book your flight and stay.3) Cover Letter and Support DocumentsAfter ensuring that all your documents are in order as per the document checklist on the VFS Canada website, you should write a brief cover letter summarizing your application – why are you visiting Canada, how do you intend to cover your expenses, do you have an invitation letter, which countries have you obtained visas for in the past (having Europe, the UK or the US on the list tends to add to your credibility).4) Choose The Multiple Entry Visa OptionI’ve always found Schengen visas to be stingy when it comes to multiple entry and validity. But I got a multiple entry visa to Canada, valid for 7 years! The best 4,000 bucks every spent. Whether or not Canada seems to be part of your plans again, having a valid multiple entry tourist visa to Canada as an Indian, has its advantages – you get Visa on Arrival in a handful of other countries, and it adds to your credibility while applying for other visas.4) Applying For The Visa at VFSVFS has ten visa centers for Canada, across India. If your city or town doesn’t have one, your options might be to go via a travel agent or courier your documents. You can signNow the VFS Canada helpline to confirm.The passport submission timings at VFS are between 8 am-12 noon and 1 pm – 3 pm, and no appointment is needed. You’ll be given a token number when you signNow, and if you have all your documents in order, the process is quite straightforward.5. Passport CollectionThe official processing time is between 10 – 14 working days, but my visa was approved within 2 working days! You can sign up for the free SMS / email alerts at the time of submitting your passport, or track your application online.SUBMIT A CANADA VISA APPLICATION ONLINE:1. Answer a questionnaire to determine your eligibilityIn a series of 20 odd questions in the eligibility questionnaire (on this page, click on “find out if you need a visa” to get to the questionnaire), you are asked why you’re travelling to Canada, if you have relatives there, how long you plan to stay and so on. For a typical Canada tourist visa – whether or not you know someone in the country, Indian citizens now tend to be eligible to apply.2. Create a GC Key and Security Q&ABefore you begin your online application, you are required to create a Government of Canada (GC) Key and security questions and answers. This is to allow easy access to your application.3. Upload the application form and supporting documentsAs in the paper application, you need to download the visitor visa form, fill the details and hit validate at the bottom of the form to generate the bar codes. Don’t make changes to the form after the barcodes are generated. If you are applying online, you don’t need to print the form or barcodes. The checklist for the supporting documents is the same as the paper application (described above); make sure you take clear photos / scanned copies of these documents.4. Declaration, electronic signature and credit card paymentOnce your documents are submitted, you need to fill a Declarations and Electronic Signature page and move on to payment (100 CAD) with a credit card. Consider your online application done!5. Submit your passport at VFS Canada to affix the Canada Visa on your passportThis part sucks. One would think that applying for the Canada visa online means NOT having to go to VFS Canada – but turns out, you still need to submit your passport to affix the actual Canada visa on your passport. Based on what I’ve heard from recent applicants on Twitter, you don’t need an appointment, and the process takes one week to ten days.Thank You !!
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When will email be dead, and what will replace it?
Email is absolutely awesome. I LOVE email.We constantly hear people complaining that email is terrible. People keep saying that we need to invent something new.Email is the best means of communication that ever existed. And while email can be massively improved, it will remain the best communication means for many, many years.Asynchronous communication is really, really importantEmail is beautiful because it is asynchronous. When you get an email, it is not assumed you will respond that second. You can take a day, think about the message, and respond thoughtfully. Sometimes it is just used to convey information and you do not need to respond at all.Synchronous written communication (like SMS, chat, etc.) have their place and can be really important when real-time is a priority … but most things do not need to be real time.Email is openAnyone using any system can email anyone else. You use Google Apps and I use Microsoft Exchange? We can still communicate. The soldier using Military email can communicate with her grandmother using AOL.You can take your history with you. You can forward your messages to a new system. Don’t like using Gmail? No problem, you can forward your old gmail address email to the new one you like.Messages go through a common protocol.Most of the “new” cool systems are closed. They are not portable. They lock you in. They don’t actually have your best interest at heart.Email has a long history that you can searchThe older you are, the more useful this is. You can figure out when you met that cool person twelve years ago. You can read old communications. You can easily search. And, because it is open, you can take your history with you (though admittedly this is more difficult than it needs to be).Many “new” modes of communication are just emailSMS: synchronous email with threads. (Gmail is asynchronous email with threads)Facebook messaging: email with nice graphics.Slack: email that only works for internal communication.WeChat: synchronous email for people that live in China.Is email perfect? Of course notEmail still could be much better. Even gmail can sometimes be really, really slow. Searches can be awkward. Many great advances and email apps just slow things down or cause bugs.And, of course, the company-wide reply-all is a crazy time suck for everyone.And many people send too many emails. And many people write emails that are WAY too long. And sometimes people write emails when a quick phone or in-person meeting would be better.Email can also break down with big groups trying collaborate together.Email also needs to be much more secure.Like all good things, email can be abused.Email is alive, well, and flourishingYes, there are some high school students that don’t use email … but they use something that is just amore synchronous version of email. In fact, most ppl communicate most with either email or something that looks very much like email. Email makes the world go round. It is the easiest way to communicate with most people. It is the best way to invite someone to a function. It is the common communication language of our era. And like other common communication languages of our era (like the QWERTY keyboard and English), there are structural problems that we wish we could change. But I say, LONG LIVE EMAIL!
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How do I register my company and logo in India?
Incorporating a company in India is slightly difficult than you may think. Its better you hire a CS, CA or a Lawyer to do it for you. Nonetheless, here is the process:(1) Obtain DIN (Director Identification Number) from Registrar of Companies, Ministry of Corporate Affairs of all the proposed Directors in your Company. (2) Obtain DSC (Digital Signature Certificate) from any of the authorities recognised by Registrar of Companies of all the Directors. (3) Apply in a prescribed format to the Registrar of Companies for the approval of name of your company. You need to provide a minimum of 5 options to the Registrar in this form.(4) Once you receive the name approval from the Registrar of Companies, you need to file the following documents with that office: (a) Memorandum of Association(b) Article of Association(c) Form 32 (Details of Directors)(d) Form 18 (Registered Office details)(e) Form 1 (Compliance with the Act) FEESThe official fees for which you will receive receipts (for a Company with an Authorised Capital of Rs 1 lakh) will be approximately Rs 11,000. Rest of it will be the fee of the working professional. On an average you're likely to spend Rs 5000 to Rs 10000 in addition to the official fee, so that the total price comes out to somewhere between Rs 16000 and Rs 21000.TIME FRAMEIf everything goes smoothly, you can register your Company within 20 to 30 days. However, if an objection is raised on an issue, it may take longer, as well. Good luck!Nitin
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Who is better, Vision or the Hulk?
HULK SMASH! And that's okay...butThe Hulk is as much of a hindrance as he is an asset. Ask the Avengers. Time and time again, the Hulk's mindless rage has forced him from the roster, threatened humanity, and even brought the World's Mightiest Heroes to their knees.And while the common perspective is the Hulk's power makes him far more useful than most metahumans, his abilities and uses are...limited. It is his destructive nature and combative stance which makes the bulk of his comic career mostly fights (and often against his allies...)Alpha Flight takes their turn as the Hulk's rage target.The Hulk is EXCELLENT at smashing things. It is his trademark ability whether he is as dumb as a stump or capable of crunching algorithms like a supercomputer.The Hulk is an EXCELLENT defensive asset. When you need someone who can take a beating as well as giving one, the Hulk has few if any equals. No one can take a beat-down like the Hulk can.The Hulk has AMAZING longevity as well. As far as we can tell, he ages incredibly slowly and is difficult if not nearly impossible to kill. As long as he stays on Earth, he is near the top of the bad-ass metahuman food chain, almost without question.BUT...The Hulk is not delicate. He is the nuclear option to metahuman level problem-solving. You have to be prepared to destroy whatever it is you are trying to save when you utilize his abilities, especially if he is handicapped with the lack of Banner's considerable intellect.The Hulk holds a grudge. Smart or not, the Hulk and Banner's baser nature can hold a grudge for a long time. And if you wrong him...be prepared to pay the piper.Need something other than smashing? Call the VisionThe Vision is a Marvel Comics superhero created by Roy Thomas and John Buscema. A synthetic humanoid built from the remains of the android Human Torch, the Vision made his debut in The Avengers #57 (October, 1968) as a creation of the super-villain Ultron. The Vision is convinced to rebel against his creator after encountering The Avengers, who invite him to join the team. Named by The Wasp, who described him as an "unearthly, inhuman vision", the Vision becomes one of Avengers' longest-serving members until his death during Avengers Disassembled. This went to the point in the 1970s whenThe Avengers standard cover masthead picture in the left hand corner was just him. He came Back from the Dead a few years later and once again features in Avengers books.The resurrected Vision, now without color, meets the android who supposedly provided his body, the Original Human Torch...It's complicated and requires an explanation of time travel. A conversation for another day.While most comic fans will tell you the Hulk is the better hero, I compare the Hulk to the Vision quite favorably and if I had to have a super team, I would choose the Vision over the Hulk, nine times out of ten, and here's why:The Vision is a scalpel to the Hulk's megaton nuke. The Vision may lack the Hulk's pulse-pounding power but makes up for this with a variety of diverse talents.He can fly and hover. He can move silently and with a very low electromagnetic signature.The Vision can emit electromagnetic energy from his body, usually through his eyes or his solar gem upon his forehead. This energy can be precise enough to heat a teapot, or powerful enough to signNow 6,000 degrees. He can emit a light bright enough to blind Thor.He can phase through almost any density of matter. By altering his density, he can phase through all but the densest of materials. Electromagnetic fields can disrupt his phasing ability if they are sophisticated enough.He can take out opponents without raising an alarm. Called "physical disruption", the Vision can stun opponents by solidifying part of his intangible form inside their bodies to produce a sudden shock to the nervous system and excruciating pain.He can disable or commandeer electronic defense systems, and computerized technologies, making him a great fellow to have around when technological threats rear their head.While he is no Hulk in the weightlifting department, he does possess the ability to lift 75 - 90+ tons and can become as tough as diamond when he increases his density to its maximum. He can also weigh 90 tons at his maximum weight.Vision maxes out his weight and drops like a bomb on Super Count Nefaria administering the knockout blow. The Vision hasn't looked as cool since.The Vision is quite intelligent in his own right and has an understanding of his own synthetic systems as well as other robots and machine intelligences.The Vision is an excellent tactician and trainer and has mentored younger heroes.The Vision, while lacking the Hulk's near invulnerability, even if he is damaged or destroyed, can be rebuilt, and has been many times since his first introduction as an enemy of the Avengers.The reason the Vision has languished as a character is the quality of writing for the character has varied widely over the decades since his creation in Avengers #57. The character has plenty of potential but is rarely permitted to show it. The Vision has rarely been allowed to take his space in the spotlight and when he has, it has always been with the lazy trope-ridden storylines revolving around him wanting to be a Human and dealing with the issues of not being a real boy (ala Pinocchio).Love & Fully Functional Robots. A storyline which haunts us to this day.Later writers also handicapped him by killing him off every five to seven years or having him become defective in one fashion or another. Not the fault of the character but the writers who simply can't manage to get the character to be more interesting than tree moss.He dead again. Think of him like the writers do, as a synthezoid chew toy.A damn shame because he has such a great range of talents and abilities. I can see why the fans prefer the Hulk to the Vision. When has cool intellect ever seemed better than smashing something in a comic? Almost never. More the pity.ReferencesSee an earlier article I published on the Science Fiction and Fantasy Stack Exchange: Is the Hulk immortal?Other Articles on the Vision or the HulkWhy was Vision able to lift Thor's hammer in Avengers: AOU?Why is The Vision much weaker in The Avengers: Age of Ultron movie than he is in the comic books? Would the Hulk be an acceptable Sith apprentice?Is Bruce Banner a mutant?
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How do I make a PVT Ltd company in India?
How to register a company (Pvt. Ltd.)Pre-requisites1. Have paid-up capital of INR 1,00,0002. Have minimum of 2 directors/board members and two shareholders3. Have maximum of 50 members only4.Cannot publicly sell shares. Can only invite people to buy shares by issuing aprospectusStep1: Acquire DIN (Director Identification Number)DIN is a unique identification number for an existing director or a person intending tobecome a director of a company. As per a recent amendment to the Companies Act 1956, DIN has become mandatory for all the directors. DIN is unique and specific to an individual, therefore only one DIN is allotted per individual even if the individual serves as director at multiple companies. No fee is charged for issuing DIN. This process takes approximately 3 to 5 working days.Supporting documents required (soft-copies):1.Photograph2.Proof of identity3.Proof of residenceRegister on MCA website for login ID and password(create an account)I.File eForm DIN-11.Download eForm DIN-12.Fill the form3.Attach necessary documents4.Sign using digital signature5.“Check Form”6.Upload eForm7.Pay fees by credit card, debitcard, internet banking or cash/cheque at designated banks (State Bank of India, Punjab National Bank, Indian Bank, ICICI Bank, HDFC Bank) using the pre-filed challan that will be generated8.Note the Service Request Number (SRN) for later enquiries9.Check acknowledgement by email or through MCA portalII.Intimate approved DIN To your Company (within 30 days from date of approval)a.Download Form DIN-2 and printStep 2: Acquire Digital Signature Certificate(DSC):At least one of the directors should have a valid Digital Signature Certificate issued by the signNowing Authorities (CA) and approved by the Ministry of Corporate Affairs. The Information Technology Act,2000 provides for use of Digital Signatures on the documents submitted in electronic forms, in order to ensure the security and authenticity of the documents filed electronically. Every document prescribed under the Companies Act, 1956, is required to be filed with the digital signature of the managing director or director or manager or secretary of the company. Therefore at least one of directors must have a digital signature. Any person may make an application to the signNowing Authority for the issue ofa Digital Signature in such form as may be prescribed by the Central Government. Digital Signatures are typically issued with one year validity and two year validity. The issuance cost varies depending on the CA. Digital Signatures can be obtained within an hour.One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, nCODE Solutions etc.Step 3: Apply for the company to be registeredThis is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary. And also regarding the take and pay for their qualification shares.Prerequisite for Virtual eFiling1.Install the following prerequisite software:Windows 2000 / Windows XP / Windows Vista / Windows 7 –Operating SystemInternet Explorere v6.0 and above, Google Chrome, Mozilla FirefoxsignNow from version 7.5 to version 10.1.4Java Runtime Environment (JRE –latest version freely downloadable fromwww.sun.com)2.Get yourself registered at the portal (www.mca.gov.in)3.Obtains a Director Identification Number (DIN).4.Obtain a Digital Signature Certificate (DSC).5.Broadband Internet connectivity or higher.6.A scanner (above 200 DPI) for converting the attachments in the PDF format.Steps:I.Fill Form-1A for obtaining the name for the company-onlineFor obtaining name for your new company, An application in Form-1A needs to be filed with the Registrar of Companies (ROC) of the state in which the Registered Office of the proposed Company is to be situated to ascertain the availability of a name along with an official service fee of Rs.500. You also have to provide the following information in the form.• Name of the proposed company (Minimum 4 alternative names, maximum 6).Indicate the order of preference. Ensure that the company name is in accordance to the guidelines of the MCA, and also ensure the name is unique and does not resemble the name of any existing company in India. The company name must end with the words ‘Private Limited’ or ‘PVT Ltd’. In order to have specific key words in the name such as corporation, International, Hindustan, Industries, India etc., the proposed company should satisfy a minimum authorized capital criteria.• Location of registered office of the proposed company• Main Objectives of the business of the company• Names and addresses of the directors• Proposed Authorized Share Capital of the Company• DIN & DSCSubmit duly filled form to the Registrar along with fee of Rs. 500.The Registrar shall intimate, within two to three days, whether the proposed name is available or not. If the preferred name is not available apply for a fresh name on the same application. The name made available by the Registrar shall be valid for a period of six months. In case, if the company is not incorporated within this validity period, an application may be made for renewal of name by paying additional fees. Otherwise the name approval process has to be repeated by submitting new application after payment of requisite fees.In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the same which will be required during registration process of the proposed company.II.Prepare documentsAfter obtaining name approval from the ROC the following documents must beprepared to incorporate the company• Memorandum of Association (MOA) The Memorandum of Association is a document that sets out the constitution of the company. It contains, among-st others, the objectives and the scope of activity of the company and also describes the relationship of the company with the outside world.• Articles of Association (AOA) The Articles of Association contains the rules and regulations of the company for the management of its internal affairs. While the Memorandum specifies the objectives and purposes for which the Company has been formed, the Articles lay down the rules and regulations for achieving those objectives and purposes. It also states the authorized share capital of the proposed company and the names of its first / permanent directors. Professional help is to be sought in the drafting of the MOA and AOA, as it contains the governing policies, rules and by-laws of the proposed venture. The draft must be carefully vetted by the promoters before printing and stamping.The MOA and AOA must be signed by at least two subscribers in his own hand, along with father’s name, occupation, address and the number of shares subscribed for and witnessed by at least one person. Then the MOA and AOA are required to be stamped & filed with the ROC. A stamp duty is required to be paid on the MOA and on the AOA. The stamp duty depends on the authorized share capital and varies between states. Details of applicable stamp duty can be obtained from here. eStamping facility is now available via MCA’s portal. The document preparation process may take five to seven days.• Form 1 –providing details of promoters of the company• Form 18 –providing details of address of the registered office of the company• Form 32 –providing details of Directors, managers and secretaries of the companyIII.Submission of DocumentsSubmit the following documents to the ROC with the filing fee and the registration fee:• The stamped and signed Memorandum and Articles of Association (3 copies).• Form-1, 18 & 32 in duplicate.• Any agreement referred to in the Memorandum & Articles.• Any agreement proposed to be entered into withany individual for appointment as Managing or whole time Director.• Declaration of Compliance by an advocate or company secretary or chartered accountant or director, manager or secretary of the company• Name availability letter issued by the ROC.• Power of Attorney authorizing a person, on behalf of subscribers, any documents and papers filed for registration. The power of attorney should be given on Non-Judicial stamp paper of appropriate value and shall be submitted to the Registrar.After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.IV.Payment of Registration FeesThe fees payable to the Registrar at the time of registration of a new company varies according to the authorized capital of a company proposed to be registered. Payment for the Registration and Filing Fee must be made by Demand Draft/Banker’s Cheque if it exceeds Rs.1000/.V.Obtaining Certificate of IncorporationThe ROC will issue a Certificate of Incorporation after careful review of documents submitted. Section 34(1) cast an obligation on the Registrar to issue a Certificate of Incorporation, normally within 7 days of the receipt of documents.A Private Limited Company can start its business immediately on receiving the Certificate of Incorporation.Check these documents before submission of a company:1.DIN of all those directors of a proposed company.2.DSC –Digital Signature Certificate3.Original copy of the formal letter issued by ROC regarding availability of Company name.4.Form-1 for incorporation of a company.5.Form-18 for situation or address of the proposed company.6.Form-32 for particulars of proposed directors, managers and secretary.Formalities to be followed while incorporation of a company:1.Obtain a TAN card2.Obtain a Permanent account number (PAN) from income tax dept. India3.If required: Documents obeying shop and establishment acts.4.If required: For foreign trade, Registration documents of import export code from Director General of foreign trade.5.If required: Registration documents of Software technologies Parks of India (STPI).6.If required: RBI approval for foreign companies investing in India and FIPB approval.7.Both Indian and foreign directors need to have valid Digital Signature Certificates from authorized agencies.For any further clarifications, please visithttp://www.mca.gov.in/MCA21/Regi...Thanks & Regards,Stay4u.
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