JURICARE

What is Voluntary Winding Up? Voluntary Winding Up is a formal legal process where a company, without external pressure, chooses to close its business operations and liquidate its assets. In India, this process is governed by the Insolvency and Bankruptcy Code, 2016 (IBC) and the IBBI (Voluntary Liquidation Process) Regulations, 2017. If a company is solvent and wishes to shut down operations gracefully, voluntary winding up ensures a transparent, lawful exit. Key Conditions for Voluntary Winding Up under IBBI The company must have no outstanding debts or should be able to pay off all liabilities. Declaration of Solvency by a majority of directors is mandatory. Special Resolution must be passed by shareholders (at least 75% approval). Appointment of a licensed Insolvency Professional (IP) as Liquidator. Step-by-Step Process of Voluntary Winding Up 1. Declaration of Solvency Directors must affirm that the company is solvent and can pay all debts. 2. Shareholders’ Approval A Special Reso...

If you are a micro or small enterprise struggling with delayed payments, the MSME Samadhaan Portal is your powerful legal remedy. Launched by the Ministry of MSME, Government of India, the MSME Samadhaan initiative helps registered businesses recover outstanding dues quickly and legally. Why MSME Samadhaan is Important for MSMEs Under the MSMED Act, 2006, any payment pending beyond 45 days becomes eligible for interest and legal recovery. Through the MSME Samadhaan portal, you can file a complaint online and get support from the Micro and Small Enterprises Facilitation Council (MSEFC) for resolution. Key Features of MSME Samadhaan: Quick Online Filing: MSMEs can easily submit their applications online. Legal Protection: Recovery is backed by legal provisions under the MSMED Act. Interest on Delayed Payments: Buyers are liable to pay interest in case of delays. Council Intervention: MSEFC initiates conciliation or arbitration for faster settlement. Who Can Use the MSME Samad...

The Insolvency and Bankruptcy Code (IBC), 2016 has transformed India’s debt recovery landscape by offering a structured, time-bound mechanism to resolve insolvency. Whether you're a business owner, vendor, or lender, understanding your eligibility to file for insolvency under IBC can help you recover dues effectively. Who Can File for Insolvency Under IBC? Under the IBC, the following parties are permitted to initiate insolvency proceedings before the National Company Law Tribunal (NCLT): 1. Financial Creditor (Section 7 of IBC) A financial creditor is anyone to whom a financial debt is owed, such as a bank, NBFC, or lender. Eligibility Criteria: The default amount must be ₹1 crore or more. Can file individually or with other financial creditors. No requirement to serve a prior notice. 2. Operational Creditor (Section 9 of IBC) An operational creditor provides goods or services to the company. Eligibility Criteria: Outstanding operational debt of ₹1 crore or more. Must issue a dema...

Introduction In the fast-paced world of international trade, proper documentation is key to ensuring smooth transactions and regulatory compliance. Among these documents, the Certificate of Origin (CoO) plays a vital role, especially for businesses holding an Importer Exporter Code (IEC) in India. What is a Certificate of Origin? A Certificate of Origin (CoO) is an essential trade document that certifies the country of origin of exported goods. It verifies that the products being exported are manufactured, produced, or processed in a particular country—in this case, India. This certificate is often required by foreign customs authorities, buyers, or banks to process the import, release payments, or provide duty concessions under Free Trade Agreements (FTAs). Importance of CoO for IEC Holders Exporters registered with an IEC (Importer Exporter Code) in India must understand the importance of CoO as it enables: 1. Faster Customs Clearance Foreign customs departments often req...

Introduction India's Insolvency and Bankruptcy Code (IBC) was introduced in 2016 to streamline the resolution of stressed companies. While the law has improved debt recovery and revived many companies, it has also created unexpected challenges—particularly for unaware or unsecured creditors. One such loophole? Creditors, especially individuals or small vendors, often find themselves legally excluded once a resolution plan is approved by the National Company Law Tribunal (NCLT). The Reality: What Happens After Resolution Plan Approval? Once a resolution plan is approved by the NCLT, the ownership and board of the company are transferred to a new management. According to Section 31(1) of the IBC, this resolution plan becomes binding on all stakeholders—including operational creditors, statutory authorities, and even those who were unaware of the proceedings. This means if a vendor, supplier, or service provider had dues from the company but missed participating in the ins...

  🏷️ Trademark Registration in India – Complete Guide (2025) ✅ What is a Trademark? A trademark is a unique identity for a brand – it can be a logo , name , symbol , word , tagline , or even a sound that distinguishes your business from others. Trademark protection is vital for businesses that want to protect their brand value, image, and goodwill in the market. 🔍 Why is Trademark Registration Important? Trademark registration is not mandatory in India, but it is highly recommended because: ✅ It provides legal protection for your brand ✅ It gives exclusive rights to use the mark ✅ Helps you build brand recognition and trust ✅ Adds value to your intellectual property portfolio ✅ Prevents others from using similar marks ( infringement ) ✅ Allows you to take legal action in case of unauthorized use 📝 How to Register a Trademark in India (Step-by-Step) Step 1: Trademark Search Before applying, conduct a free trademark search on the IP India website...

FOREIGN MANUFACTURERS CERTIFICATION SCHEME (FMCS) - GET BIS CERTIFICATION FOR IMPORTING TO INDIA Are you a foreign manufacturer looking to enter the Indian market ? The Foreign Manufacturers Certification Scheme (FMCS) by the Bureau of Indian Standards (BIS) is essential for obtaining the BIS certification necessary to export products to India. This guide explains everything you need to know about FMCS and how to get BIS-certified quickly and hassle-free . What is FMCS? The FMCS BIS certification is a mandatory requirement for foreign companies that want to sell certain products in India. This scheme ensures that imported products meet the Indian Standards (IS) , guaranteeing quality, safety, and compliance . Once certified, foreign manufacturers can use the ISI mark , which is widely recognized for quality assurance in India. Why is FMCS Certification Important? ✅ Legal Requirement – Certain products cannot be imported into India without a BIS certificate . ✅ Faster Market Acc...