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Scoping out industry Market research results and test the scope of the
firm in the mag industry (Checked No magazine based on Himachal)
2. Size up the competition Study the competition by visiting stores and
localities where other magazines are being offered. Create list of magazines
in the area. Look at their articles, pictures and other offerings. Watch which
section of community they are appealing to. (Checked no other mag is
providing)
3. Second-guess yourself Finance and plan in detail.
4. Think about funding a lot do research whether you really need angel
funding or it can be started with borrowing money with easy resources.
5. Refine your concept
6. Pick a name ()
7. Get a grasp on marketing strategies Be clear who the customers are,
social networking sites
8. Do a little test run
Establishing Company
The partnership deed is usually not very hard to prepare through a trusted local
lawyer.
Lawful business
The partners should always carry on any kind of lawful business. To start a business
in smuggling, black marketing etc., is not termed as a partnership business in the
eye of law. Again doing social work is not termed as a partnership business.
Competence of Partners:
Since individuals join hands to become partners, it is necessary that they must be
competent to enter into a partnership. Thus, minors, lunatics and insolvent people
are not eligible to become partners. However, a minor can be admitted to the
benefits of partnership i.e. he or she can have a share in the profits only.
Sharing of profits:
The main objective of each partnership firm is making and share the profits the
business. In the absence of any agreement for profit sharing, it should be shared
equally among the partners.
Unlimited liability:
Just like a sole proprietorship, the liability of the partners in the partnership is also
unlimited. This means, if the assets of the firm are insufficient to meet liabilities,
the personal properties of the partners, if any, can be utilizes to meet the business
liabilities.
Voluntary Registration:
It is not compulsory that you register your partnership firm. However, if you dont
get your firm registered, you will be deprived of certain legal benefits; therefore it is
good to register. The effects of non-registration are:
Your firm cannot take any action in the court of law against any other parties for
settlement of claims.
In case there is any dispute among partners, it is not possible to settle the disputes
through court of law.
Note: Registration is voluntary in most states. However it would be best to check
up the rules of your state to be sure. In states like Maharashtra, the registration is
almost compulsory.
No separate legal existence:
Just like sole proprietorships, partnership firms also have no separate legal
existence from its owners. The partnership firm is just a name for the business as a
whole. If someone sues the firm, it is as good as someone suing all the partners.
Restriction on transfer of interest:
No partner can sell or transfer his share or part of partnership of the firm to anyone
without the consent of the other partners.
Continuity of business:
A partnership firm comes to an end at death, lunacy or bankruptcy of any partner.
Even otherwise, it can stop its business at the will of the partners. At any time, they
may take a decision to end their partnership.
Advantages of partnership:
Easy to form
Like sole proprietorships, partnership business can be formed easily without any
compulsory legal formalities. It is not necessary to get the firm registered. A simple
agreement or partnership deed, either oral or in writing, is sufficient to create a
partnership.
Availability of large resources:
Since two or more partners join hands to start a partnership business, it may be
possible to pool together more resources as compared to sole proprietorship. The
partners can contribute more capital, more effort and more time for the business.
Better decisions:
The partners are the owner of the business. Each of them has equal right to
participate in the management of the business. In case of any conflict, they can sit
together to solve any problem. Since all partners participate in the decision making
process, there is less scope for reckless and hasty decisions.
Flexibility in operations:
A partnership firm is a flexible organization. At any time, the partners can decide to
change the size or nature of the business or are of its production. There is no need
to follow any legal procedure. Only the consent of all the partners is required.
Sharing risks:
In a partnership firm all the partners share the business risks. For this the partners
are more encouraged to take risks and expand business further.
Protection of interest of each partner:
In a partnership firm, every partner has equal say in decision making and
management of the business. If any decision goes against the interest of any
partner, he can prevent the decision from being taken. In extreme cases, an
unsatisfied partner may withdraw from the business and can dissolve it. In such
extreme cases, the partnership deed is required. In absence of the partnership
deed, no legal protection is given to the partners.
Benefits of specialization:
Since all the partners are the owners of the business, they can actively participate
in every aspect of the business as per their specialization, knowledge and
experience.
Disadvantages of Partnership:
Unlimited liability:
All the partners are jointly liable for the debt of the firm. They can share the liability
among themselves or anyone can be asked to pay all the debts even from his
personal properties depending upon the arrangements made between the partners.
Uncertain life:
The partnership firm has no legal existence separate from its partners. It comes to
an end with death, incapacity, insolvency or the retirement of the partner. Further,
any unsatisfied or discomfort partner can also give notice at any time for the
dissolution of the partnership.
Lack of harmony:
In a partnership form, every partner has an equal right to participate in the
management. Also, every partner can place his or her opinion viewpoint before the
management regarding any matter at any time. Because of this there is sometimes
the possibility of the friction and discontent among the partners. Difference of
opinion may lead to the end of the partnership and the business.
Limited Capital:
Since the total number of partners cannot exceed 20, the capital to be raised is
always limited. It may not possible to start very large business in partnership form.
No transferability of share:
If you are a partner in any firm, you cannot transfer your share or part of the
company to outsiders, without the consent of the other partners. This creates
inconvenience for the partner who wants to leave the firm or sell part of his shares
to others.
Land buying
Once all the initial checks are made and the land to be bought is properly examined
and the negotiation of the price is done, there is process of actually buying the
land.
The first step of actually buying the land is to draft an agreement between the
parties involved in the transaction. An agreement is made to make sure that none
of the parties involved in the transaction change their mind and go back on what
has been decided about the transaction.
This agreement has to be made on Rupees 50 stamp paper.
The agreement should cover the following basic things:
Make sure that the title deed is registered within the time limit mentioned in the
agreement.
Along with the title deed, the other documents that are required for registration
are:
Torrance Plan (Optional) etc. plus two witnesses are needed for registering the
property.
What is a Torrance plan?
Torrance plan is a detailed plan of the property prepared by the licensed
surveyor that will have accurate details of the measurements including width,
length, borders etc. This plan is needed in some specific areas.
For land costing more than 5 lakhs, the seller should either submit his PAN card
or form no 16 for registration.
The Expenses Involved
During registration are Stamp Duty, Registration fees, Document writers/Lawyer
fees etc.
The stamp duty will depend on the cost of the property and varies from location
to location. 2% will be charged as the registration fees. Document writers fees
will also depend on the cost of property and varies with individuals. There is a
percentage prescribed by the government as Document writers fee and they
cannot charge more than the prescribed limit.
The actual process of registration at the sub registrar office:
1. Take all the documents mentioned above.
2. Submit the document along with the input form at the token window and
get the token number.
3. Wait till the token number is announced.
4. On token number being announced all parties to the document must
present themselves before the sub-registrar to admit execution of the
document, photograph, thumb impression, and signature taken on
additional sheet of paper in presence of sub-registrar.
5. Pay the required registration fees and computer service charges in cash
as per the receipt
6. The document will be returned within 30 minutes of getting receipt
and that no amount is due. Ask the seller to produce the Release
Certificate from the bank that is necessary to release all the debts over the
land legally.
Measure the land
Get a recognized surveyor to measure the land and see that the dimensions,
area, borders etc. are accurate as stated by the seller.
If there is more than one owner: If there is more than one owner, it would be
wise to get a release certificate from everyone involved before going ahead
with the process.
After the first meeting, we will provide feedback if there is a potential fit with our
strategy and philosophy. If there is a fit, well spend more time together to
understand your business.
Step 3
You will then be invited to present to all the partners via Video Conferencing. We
make decisions unanimously within our partnership.
Step 4
Lastly, if there is mutual interest in moving forward we will discuss the specific
terms of how we might work together in building your company.
The whole process should take anywhere from 3-6 weeks.