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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 can I apply for a UK visa from a European country when I am in the EU country on a work visa? I am an Indian national.
Unfortunately, many non-EEA nationals living in Germany need a visa to travel to the UK as a Schengen visa or German residency permit doesn’t allow entry to the UK. In this answer, I will try to explain the process of getting a Visa (tourist) for non-EEA nationals living in Germany.SEE ALSO: https://thehonest.blog/uk-visit-...Do I need a UK Visa?Before you visit the UK, the most important question you should ask is: Do I need a Visa? You can check if you need a UK Visa here: https://www.gov.uk/check-uk-visa/yFollow the simple steps:Select your countrySelect the intention for your visit to the UK. For example, if you want to visit the UK as a tourist, select “Tourism”Select if you will be traveling with or visiting either your partner or a family member in the UK. If you are traveling with or visiting either your partner or a family member in the UK, you will be asked to select if you have an article 10 residence card.What is an article 10 residence card? Read HereAfter following the above steps, you will be shown if you need a visa or not. In case if you need a visa, you will also be informed of the exact visa type you will need.UK Standard Visitor visaThis type of visa is valid for:visiting the UK on holidayto see your family and friends,do business (for example, conference, meeting, etc; but you CANNOT do paid or unpaid work),take part in sports or creative events, orreceive private medical treatment.Study for up to 30 days (as far as it is not the main reason for your visit)It is valid for up to 6 months from the date of issue and costs £93 (as of Sept. 2018), excluding User pay fee (£59) and fees for any selected Value added services at TLScontact. The last time I applied for a UK standard visitor visa (July 2018), I paid €176 including User pay fee and an additional €30 for express courier return (value-added service).UK Visa type: Standard VisitorFees (as of Sept 2018): Visa Fee: £93, User pay fee: £59Validity: Up to 6 months (multi-entry)Earliest you can apply: 3 months before the intended date of travelAverage processing time: 2~3 weeks (maybe longer during the rush season)Visa centers in Germany: Düsseldorf, Munich, BerlinHow to apply?Go to https://www.visa4uk.fco.gov.uk/h... and create an account (if you don’t have one already; otherwise log in to your existing account).Login into your visa4uk account and select: “Apply for myself” – if you are applying for yourself “Apply for someone else” – if you are applying for a family member or a friendFill in the form that appears. Make sure you fill in all the details as mentioned in your passport and other supporting documents. You may see a notification that says “Please note there is an additional fee…”. This refers to the User Pay fee mentioned above.Select the visa type, that was suggested by https://www.gov.uk/check-uk-visa/yNote the reference number starting with “GWF”. It will be needed later on.Now select “Create application”Now select “go to application” and fill in all the details thoroughly.Sign the declaration (Electronic Signature)Book an appointment (You will have to select a location from Düsseldorf, Munich or Berlin). In my experience, Düsseldorf has the fastest processing time. You can check the visa processing times here: https://visa-processingtimes.hom...Pay the visa fee (~ €176 in Aug 2018). There are many options to pay the visa fee like PayPal, Master/Visa cards, Maestro cards, etc. Note: If you want to withdraw your application, you may only get a full refund of visa fee if you cancel the appointment and submit a written request at least 5 days before your scheduled appointment.Once the payment is successful, go to https://uk.tlscontact.com/de/dus...Select the same location from step 8 at TLScontact website.Click register (if you don’t already have an account). Otherwise login into your existing account.Click “Add an applicant” (Blue button at bottom of the page).Enter the GWF number from “step 5”, all other details as mentioned in your passport.If you select the return courier service, it will cost you €30 in addition. If you don’t select this service, you will have to come back to the visa center to pick up your passport after the visa is issued (or rejected). I would highly recommend this service if you don’t live near one of the visa centers.A list of Required Documents is mentioned here: UK visit visa for Non-EEA nationals living in Germany - The Honest BlogVisa appointmentYou and every who is applying with you (friends/family) have to be present in person.Carry all required documents in original (to be on the safer side) and a photocopy (A4 size). In case you forget to get a photocopy, most visa centers have a photocopying machine (but they charge as much as 50 cents per copy).Arrive at the visa appointment location 15 minutes in advance.Don’t carry too much luggage or any dangerous items – your bags will be checked before allowing you to enter in.In case if you have opted for courier return for your passport, you may be asked to fill an additional form confirming the return address.Once your name / GWF number is called, you have to submit all the documents followed by biometrics (fingerprints and photo will be taken). Note: There are no British officials present at the time of document collection. There will be no formal visa interview. You will not be asked any questions (only document collection). The TLScontact representatives will blindly collect the documents you provide them. They will not tell you if something is missing or is extra. It is your duty to make sure you provide all the documents you want to be considered for your visa process (There is no harm in providing an extra document, but failing to provide even a single required document can result in a rejection). Note: Make sure you have don’t have any tattoos (like Henna) on your fingers that will hamper them from obtaining fingerprints.TLScontact will retain your current passport and copy of all the documents. You will be given a TLScontact checklist (Example below) and sent a confirmation email as well.This is the end of the visa application procedure. Note: There are some paid value-added services that allow you to apply and keep hold of your passport during the decision making process. You will have to submit the passport at a later point in time for visa stamping.Normally, after 2-3 weeks you will receive a notification email that your passport is ready for collection. You can track the progress of your visa on TLScontact website.Passport collectionIf you have opted for express courier return, you will receive your passport by courier (Usually it is sent by DHL express. You have to be present at home to collect it as a signature is needed. It is not delivered to neighbors or Packstation).If you have opted for express courier return, you will need to go the visa application center with the following documents to collect your passport (once you receive a confirmation that the passport is ready for collection):TLScontact checklist.Original and photocopy of a Photo-ID (for example: Driving license or Aufenthaltstitel).If collected by someone else, they will need original Authorisation form and representative’s valid photo ID document (copy & original) in addition to the above two documents.If collecting for a minor, a copy of the birth certificate is required.
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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 a Pvt. Ltd. company?
Steps to Register Private Limited Company:-Step 1. Digital Signature Certificate(DSC) RequiredThe first and foremost step to start the registration process is to have directors & shareholders Digital Signature Certificate. Digital Signature are nothing but a USB drive(DSC token) which contains the encrypted digital signature of a person.It is same as a person is signing with a pen on a paper and with digital signature, a person can sign a document on Computer.Step 2. Directors Identification Number(DIN)Directors Identification Number(DIN) are mandatory for every person, who wishes to become a director in any company. PAN card is mandatory to have a DIN number. Director Identification Number is a unique code which has lifetime validity.Documents required for DIN ApplicationPAN CardAdhar CardElectricity BillPhone billMobile BillBank StatementNote: There can be Maximum 15 Directors in a Private Limited Company which can be received by giving Notice to ROCStep 3. Name ReservationAfter having DIN number. Name Reservation Application can be filed through Form INC-1 and Name will be reserved by the DIN numbers of the Directors. Following points should be considered while making the application for Name Reservation.The name should not be similar to any existing company or LLP name.The name should not be similar to any Registered Intellectual Property.In the event of winding-up of a company, the name of such entity will not be available for use for the next 2 years. However, if company winds up by the court order, then the name of such entity will not be available for use for the next 20 years.Step 4. Drafting of Memorandum of Association(MOA) and Article of Association(AOA)Memorandum of Association: It is the constitution of a company. It is a document, which among other things, defines the areas within which the company can act. It states the objects for which the company has been formed. Articles of Association: It contains the rules and regulations relating to the internal management of a company. It serves as a binding contract between the company and its members. Once the company name is approved by the ROC, the subsequent step is to draft the MoA and AoA. The subscribers need to determine their name, address, and occupation in their own particular handwriting and sign the subscription pages of MoA and AoA.Step 5. Certificate of IncorporationAfter the submission and completion of all the necessary documents, the registrar of the company shall retain and register the memorandum and articles. After the registration of the Memorandum of a company, the registrar shall signNow that the company is incorporated. The digitally signed "certificate of incorporation" then will be emailed to the directors.
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Why are African leaders and the world quiet about the imprisonment of Diane Rwigara and her family in Rwanda?
Because when you break the Rwandan laws, nobody can come to your rescue in Rwanda. What do you want the African leaders & the world to do? To tell Rwanda that some 35-year-old spoiled lady is above the law, just because she was pretending to run for political office? In case you are not tracking, this is not how Rwanda works.Didier Champion's answer to Why is Diane Rwigara and her family in custody?Rwanda is an independent country and does not receive lectures from the AU or the West. Anything you want to learn about her case, check out my answer on what I think happened and a series of mistakes that she made during her “ political” laughable campaign in Rwanda.This is another article from Johnson Busingye, the Rwandan Minister of Justice. It is an interesting read from the government perspective.Impunity? Not in Rwanda, that's why Diane Rwigara is behind barsThe highly emotional, agenda-driven social media space tends to blur reality, and often drives narratives far removed from facts on the ground.It is important to set straight the matter of Diane Rwigara and put it in the right context, particularly as a misguided campaign that has crossed the line into outright incitement to targeted violence against a particular group.Ms. Rwigara attempted to qualify as an independent candidate in the 2017 presidential elections. However, she failed to meet the requirements laid down in law, which include submitting 600 signatures of endorsement, with at least 20 from each of Rwanda’s 30 districts.Three other independent candidates fulfilled the criteria and were on the ballot, but Diane Rwigara was not. Ms. Rwigara did not contest the National Electoral Commission’s disqualification of her candidacy, nor did she challenge it in court.The NEC also found indications of systematic forgery in the documentation submitted by Diane Rwigara, particularly in the lists of signatures. Electoral fraud is a criminal offense, and the appropriate authorities accordingly commenced investigations.Rule of Law and IntegrityAt the close of investigations, the criminal investigation detectives believed they had evidence of serious crime.Among other things, media then reported unauthorized criminal break-ins into our National Identity Agency and access to ID details of people who would eventually surface on her list of seconders from districts.The Media again reported that many of these people were surprised at finding their names and identification information on those lists. The integrity of Rwanda’s elections is based on the integrity of voters' electronic data and the supporting infrastructure. Any attempt to compromise the system merits thorough investigation.Other suspicious activities involving Ms. Rwigara, her entourage and her family, also attracted media attention and later investigation by police. One example, reported widely in local and international media, and sections of the diplomatic community in Kigali, was the apparent disappearance of Ms. Rwigara, and demands for the government to account for her “disappearance”.Efforts by police to enter the Rwigara home to investigate this allegation were rebuffed by an employee of the family. Days later with pressure mounting, the police’s only option was to lawfully enter the barricaded compound as witnessed by media. Ms. Rwigara and her family were found alive and well in the house.They were taken in for questioning because they had failed to respond to several summonses, as part of the ongoing investigations, and later escorted back to their home.Judicial processMs. Rwigara, her mother, and sister were subsequently charged and presented in court. Charges were later dropped against her sister. Ms. Rwigara and her mother were denied bail because of the likelihood that they would use their substantial financial means to evade justice. The case then proceeded to court.The law presumes the innocence of suspects until proven guilty after trial.Ms. Rwigara and her mother were accorded full rights to legal representation, all the time required to prepare their respective defense, lawyers of their choice and other rights they are entitled to under the law. The next hearing is scheduled for September 24th.It is wrong to claim that Diane Rwigara is undergoing the judicial process described above because she contested the 2017 presidential election. She was a vanity candidate who had no chance of winning more than a handful of votes, and she posed no political challenge to any of Rwanda's established parties.It is also disingenuous to question Rwanda's credentials in women empowerment and gender equality. This policy remains firm in law and practice, and it will grow stronger. It's not just about women; it's about all Rwandans, men, and women. And it's based on the desire to sustain the practice of good politics, which is vital to Rwanda’s rapid and inclusive socio-economic development.Rwanda has recovered, reconciled its population, built unity and continues to register progress in every aspect because Rwandans have turned the page from a destructive era of impunity and entitlement.Where in the past some could and did get away with any kind of crime, today’s Rwanda is characterized by equality and the rule of law. Diane Rwigara is subject to the same rules of the game as any other citizen.In the Rwandan context, turning a blind eye to widely-reported impunity is simply not an option. Ms. Rwigara's rights will continue to be respected, and she will have her day in court. Any opening to impunity would erode Rwanda’s gains.The government I serve believes, as a matter of justice policy, that litigation should come to an end without undue delay, and without consideration of external pressure, so that the ends of justice are served.Hope this helps.Didier Champion
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What is the best form for a subsidiary of a foreign company in India?
The term subsidiary means a there should be either a private limited company or a public limited and at least 51% of its entire equity capital should be held by some other Indian or foreign company. To incorporate a subsidiary of a foreign company, the following article will help:How to incorporate a wholly owned subsidiary in India?Any foreign company can incorporate a wholly owned subsidiary company in India. In India, private limited companies are most popular form of business structure and therefore most obvious choice of foreign companies. In an Indian private limited company, there can two shareholders and two directors and at least one Director should be resident in India. 100% shareholding of an Indian private limited company can be owned by its foreign holding company and the requirement of having at least two shareholders can be fulfilled by giving one share to the nominee of foreign company. Wholly owned subsidiary company incorporation process is fast and hassle free and can be completed online. That means the promoters or their nominee doesn’t have to necessarily fly to India to incorporate a wholly owned subsidiary company. The step by step incorporation process is discussed below:Obtaining Digital Signature CertificateSince all incorporation papers are submitted to the Central Registration Centre, Ministry of Corporate Affairs (registering authority to register all types of Companies in India) online, so all the Individual promoters are required to have a class II type of digital signature certificate issued by any private agency such as SIFY and/or E-Mudhra. These agencies holds a license from the signNowing Authority (Under the provisions of Indian Information Technology Act, 2004) to issue digital signature certificates to individual and organisations.Digital signature certificates are generally valid for one or two years and can be used after incorporation as electronic signature of the individual promoter for submitting any document with the MCA or the Income Tax Department.To obtain digital signature certificate, the applicant has to fill, affix his/her passport size recent colour photograph and sign an application form of issuing organisation (SIFY and/or E-Mudhra). This application form is submitted to the issuing authority along with a self-attested and notarised/apostilled proof of identity and proof of address of the applicant. In case the proof of identity and address is not in English language, then a certified translated copy of the same shall be submitted along with the filled in and signed application form.1. Filing name application and obtaining name approval from the Central Registration Centre, Ministry of Corporate AffairsAfter the introduction of SPICe (A single form for submitting incorporation application), name of proposed company can be submitted in SPICe. However, it is general practice to file name application in RUN (Reserve Unique Name) and obtain name approval certificate from the Central Registration Centre, Ministry of Corporate Affairs before preparing the Memorandum and Articles of Association and SPICe. RUN is filed online after logging in on Ministry Of Corporate Affairs. Two options for the proposed name, in order of preferences, can be submitted. At this stage, a certified true copy of the Board resolution of parent company, giving no objection for the incorporation of a subsidiary company in India and authority to any Individual to sign the papers on its behalf will be necessary. The copy of Board resolution should be notarised/apostilled, in the home country of parent company. In case the parent company has any registered trademark in India, or elsewhere, and the same is being used in the name of proposed Indian company, a no objection of the parent company in the form of Board resolution along with trademark registration certificate shall also be necessary to get name approved.The Central Registration Centre shall provide two opportunity to the applicant, in case the name applied is not available for registration, thereafter a fresh name application in Form RUN shall be filed. MCA fee for filing Form RUN is INR. 1,000/- which is non-refundable.Once approved, the name shall be available for registration for 20 days and after expiry of 20 days, the approved name shall automatically be withdrawn and a fresh name application shall be filed to get the same name again. In short - incorporation papers must be submitted within 20 days of name approval.2. Memorandum of Association (MOA) and Articles of Association (AOA)The main constitutional documents of an Indian company is its Memorandum of Association and Articles of Association. The Memorandum of Association contains the objectives of the company and details of Company's promoters and their ownership in the company and also their liability in case of liquidation. The Articles of Association is also very crucial piece of document and it contains the rights, duties, obligations of promoters and directors. It defines working relationship of company with its promoters and directors. The company's Memorandum of Association and Articles of Association has be very carefully drafted as a company cannot go beyond the provisions of its Memorandum and Articles of Association.The Memorandum and Articles of Association contains subscriber page, which needs to filled in and signed by the promoters of the proposed company. In case promoter is a body corporate, the subscriber page of the Memorandum and Articles of Association shall be signed by the person authorised by the parent company through a Board resolution. In case subscription pages are being signed outside India, the same needs to be properly notarised/apostilled in order to be a legally recognised document in India. In case promoters are traveling to India to get the company incorporated and sign subscription page or other incorporation papers, they must travel to India on a valid Business Visa. However, it is not necessary for the promoters to travel to India for simply incorporating a company and an Indian company can be incorporated without requiring the promoters to fly from their home country.3. Preparation and submission of SPICe (Incorporation Papers)Once company's Memorandum and Articles of Association is finalised and executed, an incorporation application shall be prepared in SPICe and submitted online with the Central Registration Centre, Ministry of Corporate Affairs. In order to prepare SPICe, the following information and papers shall be necessary:à Service Request Number of RUN (Name application Form), in case name is reserved earlier. In case the applicant has not reserved the name earlier, name application can be filed in SPICe as well. However, it is advisable to get the name reserved through RUN to be double sure about name and avoid procedural hurdles in case the proposed name faces rejection from the Central Registration Centre;à Main business activity code of the proposed company;à Particulars of registered office address: In India, every company must have a Indian address to be used as registered office of the company within fifteen days of incorporation. Particulars of registered office address can be submitted in SPICe at the time of incorporation. In case registered office address is not finalised, then particulars of a local communication address has to be provided in SPICe and company can submit the particulars of its registered office in Form INC – 22 within 15 days of incorporation;à Particulars of Authorised and Paid-up share capital of the company: There is no requirement to have minimum paid-up share capital and therefore, paid-up share capital can be as low as INR. 1/-. The authorised share capital or nominal capital is maximum limit of share capital, a company can issue shares. Presently there is no incorporation fee for keeping the authorised share capital upto INR. 1 Million and only stamp duty has to be paid on authorised share capital. It is advisable to keep the authorised capital INR. 1 Million at the beginning. The company's authorised capital may be increased at later stage after incorporation as per the requirements of capital;à Particulars of Directors/Shareholders: After introduction of SPICe, the application for allotment of DIN (Director Identification Number) is submitted at the time of incorporation itself through SPICe. DIN is a eight digit unique number allotted to all the Directors by the Central Government and is valid for lifetime. To obtain, the Directors/Promoters has to their passport and any document establishing proof of address. The copy of passport and proof of address must be self-attested, duly notarised and/or apostilled. In case these documents are not in English language, then a certified translated copy shall also be necessary. In SPICe, the names, father's name, residential address, nationality, residential status, occupation, education qualifications, the number of shares to be held by them in the company and amount paid-up etc. shall be mentioned. Particulars for allotment of PAN and TAN shall also be filled in the SPICe. After filling the necessary details in the SPICe, necessary attachments such as affidavits, consent letters, Memorandum of Association, Articles of Association, Proof of Identity and address of promoters, Board resolution of parent company, no objection of parent company for letting the proposed Indian company use its name etc. shall be attached. The SPICe has be be digitally signed by the applicant and the same shall be duly certified by a practicing professional such as a practicing Company Secretary, Chartered Accountant or a practicing Cost Accountant.4. Clarifications | Additional information requested by the Central Registration CentreAfter submitting SPICe online, all the papers are reviewed and scrutinised by the officials at the Central Registration Centre and they may require some additional information and/or clarifications by sending back the form for its re-submission. These clarifications are requested through e-mail though re-submission request. Upon receipt of re-submission request, the applicant has to again prepare SPICe and address the queries raised by Central Registration Centre and re-file the application.5. Certificate of Incorporation & Allotment of PAN & TANOnce all clarifications are provided and officials of Central Registration Centre are satisfied, they approve SPICe and send the same to the Income Tax Department for the allotment of PAN and TAN to the proposed company. PAN and TAN are generally allotted within few hours and after allotment of PAN and TAN by the Income tax department, an electronic Certificate of Incorporation is generated. The electronic Certificate of Incorporation contains company name, an unique CIN, date of incorporation, Company's registered office address, Company's PAN and TAN. After incorporation, first Board meeting of the company is to be necessarily held within one month of incorporation, wherein a Board resolution to appoint the first auditors of the company and opening of corporate bank account shall be passed. After issuance of Certificate of Incorporation, the promoters can initiate the process of bank account opening and remittance of share application money in Company's bank account. To open a corporate bank account in India, the Directors of the Company will have to be physically present to sign the bank account opening documents as this is general practice adopted by banks.Since the Narendra Modi government came into power in 2014, many initiatives to promote the business climate of the country has been taken by the Government. India's incorporation process is effectively fast and simple and a company can be incorporated in 2-3 business days only.We at Pratham Legal can help you incorporate your wholly owned subsidiary in India. To get in touch with me, please write me at prashant@prathamlegal.comor call me at +91 9821008011. To know more about Pratham Legal, our India entry practices, please visit https://prathamlegal.com/our-pra...
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How can I apply for the Digital Signature Certificate (DSC) in India for registering a company as a one-person company?
Digital Signature Certificates are issued by the signNowing Authority appointed by the Ministry of Electronics and Telecommunications, Govt. of India. Presently there are two well known DSC issuing agency in India 1. E-Mudra; 2. SifyFor company registration, you need to have a class 2 type DSC. To get a DSC issued by E-Mudra or Sify, you need to have the followings:PAN Card;Proof of Address (Aadhar/Passport/Voter ID/ Driving License/Bank Statement/Utility Bill);Colour passport size photographs;A E-mail ID and a Mobile Number for verification purposes.You will have to fill-up an application form and submit it to the Agents appointed by E-Mudra or Sify. They will process your DSC Application. It can be issued in 1 day only.Generally practicing Company Secretaries, who helps in company registration will get your DSC issued as a part of incorporation process. It is advisable to connect with the Practicing Company Secretary for DSC issuance and even for the company registration. To know more about me, please visit https://www.linkedin.com/in/cspr...
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