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Invite Electronic signature Word Later. Discover the most end user-pleasant knowledge of airSlate SignNow. Manage your whole document processing and expressing program digitally. Move from hand held, pieces of paper-structured and erroneous workflows to automatic, electronic digital and faultless. It is simple to create, provide and sign any papers on any system everywhere. Ensure your crucial organization cases don't fall over the top.
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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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What do you do everyday to promote your website?
Great question!There are several ways that you can promote your website. Here are a few of my favorites:Schedule social media posts (blog articles, quotes, bit size content from your website) via Hootsuite to post on multiple channels such to get maximum signNow.Channels such as Facebook, Instagram, LinkedIn, TwitterLook up hashtags specific to your business on Twitter and engage with others or even better yet provide them a free resource that you’re giving away (preferably one that leads back to your site).Engage with people on Twitter, Facebook, LinkedIn, and Instagram by asking questions, answering questions, and starting new conversations.Pin new content on Pinterest a couple of times a week.There are many ways you can promote your website and it’s hard to not to get overwhelmed–so pick a few and give them a try. Once you’re ready you can always do more to promote.
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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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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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How do I establish a private limited company?
A private limited company is the most common form of business entity in India. It is easy to maintain and raise funds, offers limited liability to its members, offer flexibility, easy bank loan accessibility.Read Advantages of Private Limited Company. Following are the steps involved in the registration of private limited company Basic requirementThere must be at least 2 members in the companyThe company shall be made for legal business and must not harm the society. The company object should not be illegal.In case, if the registrar issue the certificate of incorporation to such business entity , then certificate will be void and registration will be itself cancelled by the Central Government and appropriate proceeding will take place against the entity and the Registrar.Read in detail Pre-Requisites for Registration of Private Limited Company Step 1: Obtaining Director Identification Number (DIN) & Digital SignatureThe First step isObtaining Director Identification Number (DIN) for the proposed Directors in the CompanyObtaining Digital Signature for one of the Directors of Company.After this, application for name of Private Limited Company must be applied. Step 2: Applying for the nameThe promoters should propose one or more suitable name for the name of company as it offers the flexibility and choice to registrar to select the name in case some names are identical or similar to registered business entities or trademarkThe name should not be similar or identical to any registered company or trademark.The name should not be one prohibited under the ‘Emblems and names Act, 1950’.The name of company must have suffix “Private limited Company “.After submission of name, registrar will review and approve one of the name .It usually takes 3 to 5 working days to approve the name for company .Read tips for Choosing the right name for your company registration for easy approval of name by ROC.Step 3: Filing for Incorporation/Establishing of Private Limited CompanyAfter the name approval, promoters should submit the application, prescribed fees and below said following documents to the registrar.Articles of Association, if anyMemorandum of AssociationDeclaration from DirectorsAffidavits of the DirectorsA declaration stating that the requirements of the Act and the rules framed there under have been compiled with. This declaration is required to be signed by an advocate of the or Supreme Court or an attorney or a pleader having the right to appear before or a High Court or a Chartered Accountant in whole time practice in India who is engaged in the formation of a company, or by a person named in the Articles as a Director, Manager or Secretary of the Company.Besides the aforementioned documents, the company must provide relevant information regarding of its registered office within 15 days of registration or during filing of incorporation documents.Step 4: Subscribing to the Private Limited CompanyAs per the Companies Act 2013, a subscriber must sign their names and must be subscribed to the shares of the company incorporated. It means each subscriber must have at least one share of the company. Each subscriber should sign the memorandum in presence of at least one witness and must clearly state the following:AddressPersonal DescriptionOccupationNo of shares subscribedNature of shares etc.Likewise both (Article and Memorandum of association) must be duly signed and stamped.Step 5: Certificate of IncorporationAfter filing the above-mentioned documents and payment of necessary fees, the certificate for incorporation would be issued by the Registrar of Companies. Upon Incorporation, the company becomes a legal person separate from its members.The process to register a private limited is complex and time-consuming. Our team at LegalRaasta can help startups and Entrepreneurs Register Private Limited Company in 14-15 days @ 13,999/- only (inclusive of government fee) saving 40% compared to typical CA/CS
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What would China be like today if the Nationalists had won the Chinese Civil War?
Let me inject my little humble experience with the Nationalist military—no exactly answering your question, but may provide some insight to the Nationalist government’s downfall.The Nationalist government withdrew to Taiwan in 1949, telling its own people that it was a temporary tactical maneuver and that we would soon counter-attack and retake the homeland. I was brought up in such belief. In all honesty, that was the only belief around—or rather, allowed.In 1967, 18 years after the KMT-CCP civil war, like all my contemporaries at the time, I began my military service as a platoon leader in the Marine Corps right after college (sort of ROTC-like officer in the US). When I first reported to my company with much apprehension, I felt no welcome—or rather, I was made to feel like an outsider. Without saying a word, a master sergeant handed me my uniform and placed my civilian clothing in a bag. I noticed he never bothered to solute, as I was made extremely conscious that respecting rank was an utmost important way to keep the military discipline, regardless personal feelings toward the person who happens to out-rank you. I sort tried to understand how a fifty-some-year-old master sergeant would feel when he had to salute to a young kid thirty years his junior, but, again, I did not invent the rules.I was shown to my tiny officer quarter. The place was already occupied by another officer and he grudgingly cleared out the upper bunk bed for me to crawl in. I considered myself lucky: comparing it to the open double-deck sleeping arrangement during my boot-camp days, it is a private mansion.On the same evening, I saw my platoon the first time. An unhappy—very very unhappy indeed— old sergeant named Li who had acted as the substitute platoon leader rudely summoned the thirty-some skeptically looking young conscripts and reluctantly transferred his command to me. I knew even then from the looks of the young troopers that the old fellow Li would not give up his power without a fight. I kept my posture and introduced myself briefly to the troopers and told the sergeant to dismiss the squad and let the guys rest early. Soon after I turned my back I heard the old sergeant begin barking at the conscripts and kept rambling, shouting out a long tirade about discipline, honor, and duties, which I considered completely irrelevant. I was torn between stopping him from the nonsense volley for the sake of the troopers and keeping the protocol which gave him the prerogatives as a sergeant to bark on. I backed off from the direct confrontation with Li, not a pleasant first day in the service.No sooner did I report to duty than the company was given the order to march out with full gear, with the M2 for foot soldiers, a carbine for sergeants and the .45 caliber pistol for officers. I never shot a 45 pistol but it felt good, I had to admit. We were not told where to go, or what to do or what to expect. I overheard the soldiers mumbling that since no live ammunition was dispensed so that must be good, meaning at best just an exercise of some sort, unlike two years before when live ammunition was dispensed and with all communications with outside cut off did they all break out in tears, realizing something bad was going to happen. Fortunately, I was later told, the mission was scuttled as the first ships entering Xiamen Harbor was intercepted and the entire crew was captured.We marched for hours to get on a gigantic transport ship in ZhoYin. That was quite a sight to behold: hundred and hundred of us jammed on every single square inch on deck, and the loud growling landing ships (LTV) belched heavy diesel fumes rammed into the lower deck. Soon we set sail. It was a calm but queer night; overhead, the Milky Way easily fit into your hands as the transporter was kept intentionally in the pitch darkness. Soon its swaying motions started to its tolls on the conscripts: many began to vomit, and understandably, all toilets soon turned into hell.That was a sleepless night for the most of us, and as the shimmering dawn came we could slowly make out the silhouette of the coastline. Yes, the land! No more sea sickness! The alarm sound could not come a better time as the navy guys come on deck to collect and shove us exhausted marines to the LTVs below. But the sea wasn’t as kind and the surfs were punishing. With propeller-powered bomber roaring above and the iron “water ducklings” humming in all directions, you don’t need to be told that one misstep and you are doomed. Yes, it was like a war game, but somehow I reminded myself that we were all in uniform and if the war did come, we are the most sought-after targets.The LTV ride was proven too short; soon the reality hit home: what happens after we land—this can’t be just a Disneyland ride?No one ever briefed me on the maneuver, nor did anyone bother to inform me of the exercise plan, and here I wore the badge of the platoon leader and I had not even got a map! Could the old sergeant Li keep away the info from me? Before I could collect all my thoughts, we were shoved out of the landing craft by the navy guys. Suddenly, I found myself sinking into the wet sand with twenty-some pairs of eyes looking straight at me for further orders. In front of me was a steep hill covered with thorny bushes, above me was the glaring sun, at the corner of my eyes were a group of mean-looking inspecting colonels and majors dripping white foams at the mouths. I couldn’t hear what they were yelling but my instinct told me that something does not bode well and it would be a foolish attempt trying to carry out a civilized dialogue with these people. So I instantly barked out and took my troopers to run away from the mean-looking convoy, yes, all the way deep into the hills—where no one could get us.Once in a while, I have nightmares over this incident. Clearly, that was an absolutely unprofessional way of handling a military maneuver. I cannot imagine what if that were a real military exercise any the junior officer was not even given a minimum instruction, map, schedule, or destination of the mission and the point of rendezvous. I hardly knew any of these young conscripts in my platoon, let alone the constant usurper Li. They could just easily skewer me on the rack, hang me out to dry, or push accidentally send me down to the hillside?This was in 1967. I can only guess the situation had to be ten times worse then during the Chinese Civil War.Anyway, we were drifting from hill to hill, avoiding the inspecting convoy; occasionally we met other groups who were just at a loss as we were. Loss of sleep and hunger began to take a grip on us and thirst became unbearable thanks to the unrelenting sun. I told the troopers to recuperate in the shade, waiting for instructions over the radio. The old US-made radio, a leftover from the WWII era. cracked and squealed out sporadic firecracker sounds and decided to die suddenly. The communication soldier tried desperately to resuscitate the machine by cranking the handle incessantly, but to no avail. So radio dead on all fronts, none from the company, the battalion or the regiment. We were alone!I figure that at the time, 18 years after the Chinese Civil War, hardly any one in Taiwan had any experience with anything mechanical or electronic in nature, driving was a luxury, and electronic communications were nonexistent. I could only imagine what was like 18 years before then.Lunchtime has elapsed, still no instructions of any sort from anywhere. It was near 1;30 pm came the vociferated fiery furies from the the loudspeakers by the regiment commander who few had ever met; “You can come out now, you useless cowardly bunch. You can now get off the mountains and have your lunch. Remember, if this were a real war, you would be all be dead by now.” Thank you, commander, for the encouraging words, and thank you for the lunch because we really need it. Note: this was in 1967 during peace time; how could the the similar scenario turned out 18 years ago when supplies in dire deficiency, morale low, and corruption was rampant? Did many have to kill one another for food, and drink one another’s blood to quench the thirst?Despondent and injured, I collected myself and took my platoon down the mountain paths where we met many other equally dispirited groups. In the fleeting exchanges of silent glimpse we secured the minimal pride we each sought for: no, we are no coward, we are simply the victims of the circumstances. My platoon was not reprimanded for getting lost in the exercise; the likely reason may be every single platoon, every single company was lost in the landing chaos. Of course, lunch was not meant to reward us cowards and us the fainted-heart, the regiment commander kept up with his bombastic delivery: “ You think you deserve the meal? No, you’re wrong, no one owes you the meal. You left a shameful mark on the regiment’s proud record by acting like a bunch of imbeciles. To make sure you remember your ineptness, you will begin your forced march right after lunch. For those who think they deserve a regular afternoon nap, well, you are wrong. You will march on, and you will retrospect on what you had done while you are marching. “Our fearless commander’s remonstrance clearly felt on deafears: most reaction to it was —well, damn, not even a nap! The forced march did not go well indeed as the already-exhausted troopers struggled to carry the heavy M2 rifle, the light machine gun and bipod, or the 60-mm motor component and marched in the searing heat and the murderous humidity. The first to drop out of march was Sergeant Li, and Li and other old sergeants were picked up by the supply trucks and piled up like corpses. Finally, I had my entire platoon back as all the old sergeants were gone. But the worse just began to unfold: a typhoon started unleashing its might with lashing thunders and pouring rain. A machines gun carriers felt and vomited in convulsion. I stopped to check on him but was stopped by the MP with a deadpan look in his face that the march could not be interrupted by one fallen man. The downpour seemed to produce a bizarre and hypnotic effect on me: in trying to block off the bewailing drench and gnawing fatigue, the mind began to retrograde to some of the most esoteric questions I had considered in life: “should Lady Chatterley’s lover be blamed for her decadence”, ‘why did I get such a thrill reading a banned like this?”, ‘was Freud serious when he spoke of women’s penis envy”, ‘how the homo sapiens species came to be so much alike”, or “are love, procreation, and testosterone the same thing?” Somehow, they kept my mind occupied, and kept the seemingly surreal world away from my desperately needed sanity. Was that a self-defense mechanism in full swing? i would never know.That was a long march alright. After the drench came the sweltering sun. many troopers resorted to replenish their empty canteen with water from the rice paddies. I thought about the parasites in the water but was helpless in providing alternatives. Finally we settled into an elementary school before midnight. The school field was flooded but our order was the same: set up the tent for the night. Surely the troopers set up their tents in the soggy field but all chose to collapse on the hallway, and slept in every dry corner of the school. Surely I needn’t mention the fouls from the school’s overflown toilets.The school was still on summer break so we spent a week to recuperate. On the second evening I sensed some disturbance by an unusual gathering of men in a shadowed corner of the school. in the dim light I made my way to the front of the muted and intense crowd, where I saw a scene has haunted me up to this date— a gasping conscript with a contorted face in a push-up position, heaving himself desperately away from an upward pointing dagger planted directly below his abdomen, his vein swollen, his body dripping with bead-size perspiration, and all these under a gleeful eye of an old sergeant. Someone murmured out an expletive…,”Just because he refused to obey the old guy’s order?” Another echoed with an F-word…” I will kill the old SOB when the right time comes.” Others remained hushed—there might be ears among us?On the second evening, I was drawn to a small crowd that gathered around a small windowless hut that was used as a makeshift toilet. Apparently, the toilet was locked from outside. An old sergeant appeared and ordered the door be unlocked. Soon a barely wiggled body was dragged out, obviously poisoned by the foul fumes. His unconscious body was quickly carried away by his comrades and again came the hateful murmurs among the crowd. I was struggling with my conscience on just what I had to do without “rocking the boat’ of strict discipline. I conjured up a plan, and I knew it was risky. I had no friends in this god-forsaken place, and as a junior officer, I had no voice. Tormented constantly by my inaction, I decided to take a reasonable rick to change the intolerable cruelty of abuse in the name of discipline. Thanks to the Sherlock Holmes stories I read as a child, I painstakingly scribbled on the back of an ordinary white wrapping paper with my left hand: “Stop turning a blind eye on the illegal physical abuse on the conscripts or else….” Carefully I wiped off any possible finger prints and slipped the note under the doors of the regiment’s political commissar. The abuse did abate for a while and I did not know whether that was due to my doing.it is a common knowledge that the old sergeants were drafted against their wills when the KMT government fought against the CCP in 1940’s. Most of them are illiterate and consequently it was unlikely they could eke out a living outside of the military compound, especially none could utter a word of the local dialect, the Taiwanese. The company commander was one of the very few who could read and hence managed to rise to the rank of major. Understandably he resented the intrusion by the first college-graduated officer assigned to HIS company, me, guardedly, if not with disdain. The uneasiness manifested itself from time to time, and I guessed that it must be killing him to have to constrain himself in dealing with my first request for leave: “ What the FXXX, you need to take a leave for taking the GRE exam?”, “What the Fxxx is GRE? And why do I have to approve it? “,”So you have the approval paper deemed by the DOD , then what the Fxxx do you want me to sign this damn leave paper?” Of course, he did not know, the GRE request was only the beginning of my many many requests to come, then the TOEFL, then the DoE’ overseas-study qualification exam…. I felt sorry for the old man as his turf was trampled over by an young officer who aspires nothing less than seeing the world, abandoning his sacred duty of counterattacking the mainland. The sorry-old commander punctually disappeared for two days after the payday. I heard through the grapevine that he was a regular of a brothel in Kaohsiung City. That did not surprise me as most old sergeants would disappear in synchrony with the payday. Once the old commander was forced to stay put due to some unscheduled inspection exercise. The entire company fell into the victim of his unsettling wrath. He ranted incoherently for hours, blaming everyone for everything under the sun. In the midst of lunch, he rose suddenly, baring his teeth—everyone froze— dramatically he held up his rice bowl and trashed it on the ground. “What the Fxxx is this, you called this food?, “Get me the hands in the kitchen and have them report to me immediately….yes, at right this moment!” And he looked at me in a strange frown, I guess that meant either “life would be so good without you being in my sight” or “go take a hike, can’t you see I am still the reining king here?” I did not finish my meal either, not because of the food. I did not know what valuable service I offered to my country…or I did so by simply being a nuisance in a changing world?Among all the capriciousness came a handful of personal triumphs and a few bitter-sweet moments. Slowly and steadily, I won the trust of my young conscripts most who could neither read nor write. I became their only means to communicate with their loved ones back home: by writing some of the most intimate letters in life: “Dear A-lien, I can not come home this weekend because it takes five hours to travel one way, and the buses are often jammed. please go to my home and make sure my parents know I am okay here.”, ‘Dear Mom, this is your son Way-Ho. We now station in Che-Chen, a small town in Pin-Dong County, a hard-to-get-to place. So I don’t think I can get home until the Chinese New Year Break. Please take good care of yourself, and wait until I return to plow the field.” “Dear A-Mi, how are you. I think of you often. Did I tell you we have a new platoon leader? He is a nice man and he offers to write this letter for me. I am thinking to invite him over to our wedding the next year. Oh, did I tell you he is a college graduate? He also doubles up as our marching song teacher at the request of the political commissar from the headquarters. Also, because he was so good at many things, he began to teach us the Chiang Kai-Shek ‘s speeches as well, and he is very good at it, and he often makes us laugh.”, “Dear father, with great respect from your son, I am serving my military duty, and I follow the orders of my superiors as you always told me. Last time you said you had a backache, I hope you feel better now. do worry about the chicken flu. Just salt them first and sell them in the market. If you charge less, people will buy it no matter what. Oh, we won the military marching song contest last week, thanks to our new platoon leader who taught us how to beat our competitors; by singing as loud as possible, showing the spirit, never mind the tones, he said….”One quiet Sunday afternoon, I had an unexpected visitor: the old sergeant Li who tried to usurp my authority as the platoon leader. It was the first time he looked so respectful and subdued. I asked him to come into my tiny quarter and offered him the only chair in the room and some water. “Can I help you?” I asked of him. He began to blush and stammered, “I was wondering, Sir, if you can do me a big big favor?” I immediately sensed it must be something extraordinary but I held back my anxiousness less he should back away from talking. “You see, Sir, I left my home in Sun-Dong for twenty-some years and I have always worried about my families back home.” He paused and took a calibration on my reaction to decide whether he should continue his delivery. I knew exactly what he was about to say; back then, anyone suspected to have communicated with the mainland Chinese can be rounded up as a communist spy or sympathizer and can be punished by death. No small matter, this man is trusting his entire life on me. He went on and begged me to write a letter on his behave, telling his families that he is alive and well. “I heard that you are going to America in a few months. When you get there, would you please mail this letter to this address in China for me. Oh, I have managed to save up some money for this date. Please convert it to the US money and sent it to them? It’s not much, but that’s all I have.” His voice turned hoarse and his face buried under his weathered hands. He insisted I took his money and before he left he hesitated for a couple of seconds before he uttered the final words between us: “I wish to tell you how sorry I am when you first came. I don’t deserve to hope to see you again.”A few days before my discharge, I was summoned to the political commissar’s office in the regiment’s headquarters. “Lieutenant Yang, come in.” he was a lanky fellow in his late fifties, with a hawkish look and a easy disparaging smile. “ I have looked over your service record and found blemishes that can easily stop you from getting a passport for studying abroad, you know what I meant? ” I stood in attention and desperately stayed calm, knowing this man alone could derail my entire aspiration to see the world, especially the big world outside of this tiny island. “No, Sir, I thought I had helped to teach political courses and our regiment scores high on the tests.”. He smiled broadly and said, “Now stop beat around the bush; I know you are smarter than that, and I am not just talking about your lukewarm attitude toward slogan chanting during the morning roll calls either.” “Sir, I can explain….” He waived to shut me up and officiated his verdict,”Indeed, your contribution to elevating our regiment’s test score by two notches makes you a net contributor to the military, and I congratulate you for earning your honorary discharge. Just sign your name here and you will be a civilian in no time.”I was a bit startled by the need for enacting such episode, but I still signed in earnest, hoping I never have to see him ever again. But I was wrong; he took his time checking my signature and glared at me dispassionately, “Lieutenant Yang, you have a smart handwriting indeed.” before I collected my self in disbelief , he pulled out his drawer and handed me a piece of white wrapping paper, “ I think this paper should go back to its rightful owner.” It was his final words. And yes, that was the paper I wrote with my left hand. Yes, the ink of my fountain pen gave it away, which Sherlock Holmes never taught me. Still, the old man is cool.Why do I write this story, and is there any relevance to the question of what would happen if the nationalists won the civil war? My answer is; never mind the question. Let the past die! KILL IT if you have to. ” (copyright disclaimer—Star War)Many Many innocent Chinese died; many many families dispersed, many many lives were wasted during the Chinese civil conflicts. Do not glorify the overly fabricated history. Learn from the past we know and look ahead, never make the same mistakes again.
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What is your review of Osho?
What is your review of Osho? I’ve thought about this question on and off for over twenty-five years. Now I mostly see him as a tragic figure, a man of immense talent who fell victim to the fruits of his own abilities.I think he was seduced by the dark side of his power, and many of the fruits of his labor turned to poison.Lots of people make a big deal out of the sex thing. Osho was very ‘sex-positive’ and there was a tremendous amount of sex happening at his ashrams. By current [2019] San Francisco standards this kind of behavior is ‘so what?’, or ‘who cares?’ His attitudes about sex didn’t work so well for him in Pune, then they didn’t work for him in Montclair, NJ, and they definitely didn’t work well in rural Oregon. But, again, so what?He obviously had tremendous presence, and something about his energy had a huge impact on people around him. It seems likely that he had some spiritual awakening. He definitely had siddhis. He was a tremendous charmer, and could sit down and talk ‘off the cuff’ (unprepared) for hours and keep an audience spell-bound. An amazing talent. His books and lectures have inspired thousands of people to pursue spiritual goals.It wasn’t until years later that I went back and re-read many of his books and realized how careless he was with facts, how many things he said were wrong (even about religion and philosophy) [2] and how extensively he slammed or talked down anyone who could remotely be considered a rival or competitor.I was quite taken aback when I found out about his decades of extensive, personal, recreational drug use (nitrous oxide) and his addiction(?) to valium. I found his obsession with expensive baubles (exotic watches and Rolls Royces) very disturbing. As far as I can tell, he insisted that the community spend money on these when the money was badly needed for other things - like lawyers.Many people claim that Osho was extremely perceptive, and could effectively read the minds of people around him. How then was it that he missed the numerous plots by his senior disciples, all of which was happening within yards of him. For example, the senior sanyassin plotted to murder at least three people:US Attorney Charles H. Turner - Wikipedia;Osho's caretaker and girlfriend, Ma Yoga Vivek; andOsho’s personal physician, Swami Devaraj (Dr. George Meredith).How could Osho not know about the laboratory at Rajneeshpuram where some of the sannyasin cultured the salmonella bacteria that was used to poison 751 people? This is all a matter of public record, and court testimony. You can read about it on wikipedia - 1984 Rajneeshee bioterror attack - Wikipedia. While Osho steadfastly denied that he had any knowledge of the illegal activities taking place at Rajneeshpuram, some of his students testified otherwise. There is court testimony about a tape of a conversation between Sheela and Osho, that tape was played for the senior sannyasin, this is what the listeners believed it said:And the gist of Bhagwan's response, yes, it was going to be necessary to kill people to stay in Oregon. And that actually killing people wasn't such a bad thing. And actually Hitler was a great man, although he could not say that publicly because nobody would understand that. Hitler had great vision." [2]I’ll close with a quote from American neuroscientist and philospher Sam Harris - Wikipedia.He [Osho] was by no means the worst that the New Age had to offer. He undoubtedly harmed many people in the end—and, perhaps, in the beginning and middle as well—but he wasn’t merely a lunatic or a con artist as many other gurus have been. Osho always seemed like a genuinely insightful man who had much to teach, but who grew increasingly intoxicated by the power of his role, and then finally lost his mind in it. When you spend your days sniffing nitrous oxide, demanding fellatio at 45-minute intervals, making sacred gifts of your fingernail clippings, and shopping for your 94th Rolls Royce… you should probably know that you’ve wandered a step or two off the path. Sam HarrisFootnotes, etc.[1] According to court testimony by Ma Ava (Ava Avalos), a prominent disciple, [Ma Anand] Sheela played associates a tape recording of a meeting she had had with Rajneesh about the "need to kill people" in order to strengthen wavering sannyasins resolve in participating in her murderous plots: "She came back to the meeting and […] began to play the tape. It was a little hard to hear what he was saying. […] And the gist of Bhagwan's response, yes, it was going to be necessary to kill people to stay in Oregon. And that actually killing people wasn't such a bad thing. And actually Hitler was a great man, although he could not say that publicly because nobody would understand that. Hitler had great vision."[2] Academic assessments of Rajneesh's work have been mixed and often directly contradictory.Uday Mehta saw errors in his interpretation of Zen and Mahayana Buddhism, speaking of "gross contradictions and inconsistencies in his teachings" that "exploit" the "ignorance and gullibility" of his listeners. [222]The sociologist Bob Mullan wrote in 1983 of "a borrowing of truths, half-truths and occasional misrepresentations from the great traditions"... often bland, inaccurate, spurious and extremely contradictory".[223]Hugh B. Urban also found Rajneesh's teaching neither original nor especially profound and concluded that most of its content had been borrowed from various Eastern and Western philosophies.[171]Rajneesh - Wikipedia - Appraisals by Scholars of ReligionIf you would like to learn more, here are three places to start. Many of Osho’s senior students have written books about their experiences with him, documenting both the good and the bad.25 years after Rajneeshee commune collapsed, truth spills out -- Part 1 of 5Rajneesh - WikipediaPromise of Paradise: : A Woman's Intimate Life With 'Bhagwan' Osho Rajneesh by Satya Bharti Franklin. She was a sannyasin and student of Osho’s for decades. Franklin left for what was intended to be a three-week visit to India. Instead, it was the beginning of her intimate involvement with the Bhagwan Rajneesh, one of the most infamous spiritual teachers of recent decades. In this extraordinary and passionate memoir, Franklin provides an insider’s view of the manipulation, sexual exploitation, and internecine struggles, as well as the more publicized joys and ecstasies, that characterized one of the most talked-about religious experiments of the 20th century.
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