Energy conservation amendment bill, All you need to know
Any other Legal Issue

Energy conservation amendment bill, All you need to know

The Lok Sabha has recently passed the Bill to amend the Energy Conservation Act. The Bill also expands the membership of the Bureau of Energy Efficiency (BEE) governing council. At this critical juncture when India is driving global actions toward a sustainable future, this bill reflects the government's commitment towards sustainable development goals. Energy efficiency is the cheapest, fastest and cleanest way at our disposal to address climate change issues.

 

Empowering states to facilitate and enforce energy efficiency programs, including on demand side management, will help localise efforts for energy efficiency. by extending the scope of the Act from energy savings to carbon reductions, the government is getting ready to reduce the emissions intensity of the economy by combining energy efficiency and renewable energy.

 

The Bill has proposed amending the Energy Conservation Building Code to Energy Conservation and Sustainable Building Codes to include renewable energy and other such criteria. This is an important amendment that will move the EC Act from conservation to sustainability to equitable energy transition.

 

In the short-term, tax credits similar to Production Linked Incentives must be given to manufacturers to make the latest and best available technologies. It will also allow India to become a manufacturing hub of green and clean technology and will pave the way for substantial reductions in emissions intensity.

 

How Can You Form A Company In USA From India?
Company

How Can You Form A Company In USA From India?

Globalization, The New World Order

Globalization has become the new universal order. Businesspersons who wish to attain grand success have to employ strategies that promote their global growth as well. The new world order -- with more porous borders and lesser international restrictions and more positive policies that encourage business in different countries – has expanded the potential scope of the market for numerous businesspersons across the globe.  

Also, read The Unique Identity Of A Company Director As Per The Company Law

Business Expansion Into Foreign Countries

Thus, there are many Indian businesspersons who want to set up a company in foreign countries. And the most preferred country where many of them wish to expand is the United States. Well, if you are one of them and you wish to set up a company in the US or someone close to you wishes to do the same, we here present you the legal provisions that you can use towards that goal

We are here to tell you about the various steps and protocols. These will help you set up companies in the USA from India.

USA As The Market For Business Expansion

Well, the USA market is arguably the most developed market in the global expanse. If an Indian businessperson accesses and tries to explore the American market, he/she is likely to find a plethora of opportunities for expansion and growth. Well, if someone from India wishes to set up a company in the USA, he/she will need to follow the following protocols:

The Methods In Which An Indian Company Can Set Up Its Business In The USA:

  • This company can do all its operations from India, but it would set up in America.
  • All the functions and activities by this company will be done in India, except the brand building and marketing work, which would by done in the USA, by this company set up in the US.
  • This company in the USA will be a subsidiary of its Indian parent company. But it will do all its activities and various works in the USA.

You may also read What are the legal compliances required for a Start-up?

The Two Ways In Which You Can Enter The US Market

If you want to do business in India, you can do it in the following two ways:

Corporation

Suppose you want to set up a company by procuring funding from venture capitalists, angel investors and so on, then you can go for C-corporation. Investors, bankers, supplies consider them more professional

LLC

It is a combination of partnership firms and corporation. Well, you are protected against a lawsuit by limited liability provision. The process here is quite similar to the process that takes place in the formation of LLP.

Herein, its compulsory to provide information about the agents of state formation. It is also required to give the various details of the companies and individuals who are working with the business. Deciding the name of the company is also mandatory.

Formation Of The Company

After carrying out the process, you will be ready to establish your business. You may have to choose your geopolity. There are various states in the US. There are states where the laws are more business-friendly and taxation is also low, like Delaware, Nevada, Wyoming, and so on. Sometime after you set up your business in one of these states, you can also expand to other regions of the USA>

Steps Involved In The USA Company Formation

You should first decide what type of company you wish to form. In the USA, this is all the more important. Then you can undertake the following steps towards the formation of the company in the USA:

Decide the company’s name

The name should be unique. Besides, that name should be available in the state where you are going to set up your company.

You will need to give a registered agent. That registered agent should have a physical address in the state where you are setting up the company. The agent should be there to sign the legal documents in the business hours and in the time required.

Federal Employer Identification Number –

This step is not compulsory. But it will be easier for you if you go for this step as well. You will need to apply for a Federal Employer Identification Number and Certificate of Authentication. Suppose you want to open an account in any bank of USA, then you should have these things, only then your account can be opened.

The Certificate of Authentication – This too is optional. Suppose you wish to open a bank account in India or say produce proof that you have a company in the USA (either a US corporation or LLC), then you will need to present a certificate of authentication or Apostille.

All of these are some simple steps, which will facilitate you form a company in the USA. You need to ensure that you follow them well. Also, you can also seek help from a professional firm that can help you set up a company in the USA.

Also, read Know All About The Service Agreement.
 

 

 

 

How Can You Marry Your Foreign Soul Mate In India, Legally?
Others

How Can You Marry Your Foreign Soul Mate In India, Legally?

Love Has No Boundaries

Love has no boundaries, it is often said. And this is quite natural. Because love is an emotion that cannot be necessarily restricted to a water-tight geopolitical boundary. Well, is that the case with you? Are you in love with a person who is not an Indian or not an Indian citizen? Are you making plans to marry him/her sometime soon and that too in India? Well, if your life partner to be is from countries like the United States, etc., we can help you know the law which can help you marry him/her in our own country.

Also read How Can A Woman Change Her Name In The Aadhar Card After Marriage?

The Special Marriage Act Of India

Well, if you are marrying a person who is a foreign citizen, then such a marriage would fall in the category of the Special Marriage Act. This act is concerned with marriages that take place between couples belonging to different religions, (in some cases) different castes, different backgrounds, and also those who belong to different nationalities. On the other hand, if an Indian citizen intends to marry outside India, then his/her marriage would be considered under Foreign Marriage Act that was passed in the year 1969.

As the legal age for getting married in India is 18 years for girls and 21 years for boys, the same rule would apply for marriage with a foreign national, irrespective of whether their country’s local laws mandate a higher or lower age to get married. Besides, the Special Marriage Act, apart from fixing the minimum age for marriage, also restricts the degrees or layers of prohibited relationships like mothers, grandmothers, stepmothers, step-grandmothers, etc.

Also read Can Hindu Women Inherit Property From Their Parents? The SC Decision That Changed It All

The Requirements In The Special Marriage Act

While applying and invoking the Special Marriage Act, the Central Information Commission has categorically clarified that if the bride and groom come from different religions and countries, then they have to marry under the Special Act. 1954 because they cannot marry under the personal marital laws.  

A 30-day notice period is required in India if one person is residing in India permanently and the other is residing temporarily in India. Suppose one partner is residing in a foreign country, then the ‘Marriage Notice’ form needs to be filled in by the partner who is in India and also the partner who is in the foreign country. This has to be submitted again by the partner who is in India to the local Registration office

About The Needed Documents, Certificates & Formalities

Before your marriage is undertaken, you have to ensure that the following documents are already there with you:

  • Birth certificates  (to prove the age)
  • An authentic visa of at least thirty days for the foreign national
  • An affidavit of single status signed by both parties. Suppose one of the parties had married earlier, then the Divorce Decree (for the divorcee) or Certificate of Death (for the widower or widow) is needed.
  • Address proof along with passport size photographs
  • Sufficient evidence to prove 30-day residence in India
  • Also a ‘No-Objection’ letter – For example, suppose the US citizen wants to wed in a civil marriage ceremony then he/she may be asked to present a ‘no objection letter’ from the US Embassy or Consulate to the marriage officer, also a proof of that of marriage termination, in case he had married earlier. On similar lines, a citizen of any other foreign country should present a no objection letter from the Embassy or Consulate of his/her country.

Besides, the parties have to wait for a minimum of 30 days, starting from the initial application, so that the marriage officer can publish a notice in the course of the 30 days. This notice may even include a newspaper publication to present an opportunity for anyone to voice his/her objections to the marriage.   

Performance Of Rituals And Ceremonies In Such Marriages

Many people identify an Indian marriage with a lot of rituals like taking rounds around the fire, lots of music, and exchanging garlands, the Court has stated clearly that any couple, irrespective of being Indian, NRI, or a foreigner who wishes to marry in India has to undertake a religious marriage ceremony or the civil marriage ceremony. That holds true even if the marriage is performed under Hindu Marriage Act, Muslim Marriage Act, Christian Marriage Act, etc.

These religious marriage ceremonies in India are legally valid but they need to be registered compulsorily. Also, marriage registration may not be enough. You may need to present a registration certificate which is adequate proof of a valid marriage.

Also read Know About Daughter's Rights in Mother's Property.