Startup, Business & Corporate Law

Essential clauses include reverse vesting (4 years + 1-year cliff), IP assignment, role definitions, veto/reserved matters, drag/tag-along, and arbitration.

Incorporate a Pvt. Ltd. / LLP / Partnership, register on startupindia.gov.in for DPIIT recognition, and unlock the 3-year tax holiday, angel tax exemption, fast-track patents and labour self-certification.

Apply via gst.gov.in with PAN, business proof, address proof. Mandatory if turnover exceeds ₹40 lakh for goods (₹20 lakh services / ₹10 lakh special category states). Also mandatory for e-commerce sellers, inter-state suppliers, casual taxable persons regardless of turnover. GSTIN issued in 7-15 days. Composition scheme available for turnover up to ₹1.5 crore.

ESOPs are issued under Section 62(1)(b) of the Companies Act, 2013. Employees get the right to buy shares at a pre-fixed price after vesting. Tax is payable on exercise (perquisite) and on sale (capital gains).

Yes — most sectors are under automatic route; some need government approval. You must file Form FC-GPR with RBI within 30 days of allotment, and comply with FEMA regulations.

File application via ipindia.gov.in under the Trade Marks Act, 1999. Choose appropriate class (Nice Classification — 45 classes). Filing fee ₹4,500 (individual / startup / small enterprise) or ₹9,000 (others). Process takes 18-24 months; once registered, protection for 10 years renewable.

File via Indian Patent Office (IPO) at ipindia.gov.in under the Patents Act, 1970. Provisional specification (within 12 months → complete) or complete application. Examination required (Form 18); ~3-5 years to grant. 20-year protection from filing date. Startups/MSMEs get 80% discount on fees.

Options: Strike off under Section 248 Companies Act (fast track for defunct/non-operating); Voluntary winding up under IBC, 2016 (Section 59 for solvent companies); Compulsory winding up by NCLT (insolvent); or for LLP — Section 75 LLP Act + IBC. Strike off via Form STK-2; takes 3-6 months. IBC voluntary winding up takes 12-18 months.