Basic Details of Trademark

A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A brand registration in India is your business’s intellectual property/ intangible asset. Trademark registration in India protects the investment made into creating trust and loyalty among your customers. Trademark registration in India provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.


List of items to be registered with Trademark

Many aspects of your brand image can be registered as a trademark. The aspect you should consider to register a trademark, is which aspect of your brand stands out to your customers. 
1. Name which is Product Name, Business Name, Person’s Name/Surname, Abbreviations: 2. Logo/Symbol
3. Tagline
4. Other Options i.e. Colour Mark, Sound Mark, Scent Mark

Advantages of having a Trademark

• It showcases your unique identity
• It helps you build trust and loyalty among your customers
• It offers legal protection for your brand’s identity
• It is an asset in itself
• It prevents unauthorized usage of your brand’s identity.

Documents Required for Trademark Registration Online India

• Udyog Aadhar/MSME registration certificate 
• Business Registration Certificate
• Mobile
• Email
• Business Operation Details
• Aadhar 

Removal of a Director under the Companies Act, 2013

It is possible to add or remove a director from the company at any time. There are different reasons why a director is removed and there are three different procedures based on the reason. Irrespective of that, S2S BIZ SOLUTIONS PVT LTD can help you with removing a director from your company and make the whole process easy for you.
 

Reasons to Remove a Director

A director can be removed for any of the following reasons:

• If they incur any of the disqualifications specified under the Companies Act
• If they absent themselves from board meetings over 12 months
• If they enter into contracts or arrangements against the provisions of Section 184 of the Companies Act
• If they are disqualified by an order of a court or tribunal
• If they are convicted by a court of any offenoffensesentenced to imprisonment for not less than six months
• If they have not abided by the terms and protocols mentioned in the Companies Act of 2013
• If they have resigned voluntarily from their position.
   

Ways to Remove a Director

There are 3 ways to remove a director from a company:
1. When the Directors Tender Their Resignation
The steps to be followed in this scenario are:

• Step 1: Holding a board meeting by giving seven days of clear notice
• Step 2: In the meeting, the board members will take note of the resignation
• Step 3: Then they have to pass a resolution in a particular format to that effect
• Step 4: After that, Form DIR-11 needs to be filed by the resigning director in his individual capacity
• Step 5: The company has to file Form DIR-12 with the registrar of companies (RoC) along with the registration letter and the board resolution
• Step 6: When all the forms are filled and the formalities for the director removal are done, the name of the director will be removed from the master data of the company on the Ministry of Corporate Affairs (MCA) website.

2. The Director Remains Absent from the Board Meetings for 12 Months

• Step 1: If a director absents himself from all the meetings of the removal of the board of directors held over a period of twelve months, with or without seeking leave of absence from the board, they are considered to have vacated their office as per Section 167
• Step 2: A Form (DIR-12) must be filed
• Step 3: Upon completion of the formalities, the concerned director’s name will be removed from the database of the Ministry of Corporate Affairs (MCA).
• 3. Director Removal by Shareholders
• Step 1: A notice is sent to all the shareholders for a board meeting required to be conducted within seven days from the date of the issue
• Step 2: Step 2: A resolution is passed to have a general meeting and then for the director removal, subject to the approval of the shareholders on the day of the meeting
• Step 3: After providing a 21-day notice, the second meeting of shareholders is held to vote on the resolution passed earlier and who is being the removal of director by shareholders will be allowed to speak on their removal
• Step 4: The shareholders must file Form DIR-12, along with the attachments of the board resolution, and an ordinary resolution
• Step 5: Once all the formalities are over, the name of the concerned director is removed from the database of the Ministry of Corporate Affairs (MCA) and its website.

This is a simplified version of the whole process. The director removal procedure has to be carried out carefully and should follow the procedure laid down in the Companies Act.
Our team at S2S BIZ SOLUTIONS PVT LTD will walk you through the entire process and will be there to help you at every step.
 

Consequences of Not Filing Form DIR-12:

DIR-12 has to be filed within 30 days from the date of resignation. If the company fails to do so, the following penalties will apply:

• After 30 days - within 60 days: twice the government fees
• After 60 days - within 90 days: 4 times the government fees
• If it exceeds 90 days: 10 times the government fees
• If it exceeds 180 days: 12 times the government fees and will be booked for the compounding offence as well
   

Documents Required for Director Removal

• Board Meeting
• Resignation Letter
• Acceptance Letter
• Notice