You can prepare business agreement on stamp paper . Get agreement adjudicated by collector of stamps
2) not necessary to register the agreement
I am running a website where the revenue is mainly through ads. My NRI friend would like to fund the upgrade of the website and split the profits from the website. Can we prepare the business agreement on a 100 Rupee stamp paper and use it. Will that agreement have legal sanction. Or should the agreement be registered in a registrar office to have legal validity. Is there an online registration process for agreements.
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You can prepare business agreement on stamp paper . Get agreement adjudicated by collector of stamps
2) not necessary to register the agreement
- Yes, you can enter into an agreement for sharing the profit , or can enter into a MOU as well.
- A MOU is a statement of understanding between two or more parties which when made has no enforceability in the eyes of law , as such an agreement has no intention to create a legal bond between such persons.
- Further , registration is not mandatory for MOU if it is prepared for such type of transactions. , but this agreement should be for a period of maximum three years from the date of its execution , and further it can be renewed as well.
Yes.
You need to register the agreement as per Registration Act 1908 with sub-registrar office to validate the agreement as per the provisions of law.
If you have formed company means registered incorporation as per the company act 2013, than you need to create shareholding agreement between both of you.
Hello!
Such partnership agreement or MOU is not required to be registered compulsorily. You can go ahead with the agreement on stamp paper and get it notarized for nominal costs. Notarizing will further strengthen the sanctity of the agreement.
Best wishes.
You can enter into an agreement if your business is not a partnership business.
The unregistered agreement cannot be enforced in court of law in case of any dispute in this regard in future.
Hence better you get the agreement registered.
There's no provision for online registration.
These type of agreements have no standing in courts. Engage a lawyer and draft an agreement specific to your transactions ie website. Then register it with the registrar along with witnesses.
It is better to get the agreement drafted by a competent lawyer incorporating all the terms and conditions of your mutual understanding, and register it, in order to have a binding, forceful written instrument to protect your interests adequately if any dispute arises in future.
Partnership agreements are governed by Partnership Act of 1932. A partnership agreement can be oral or in the form of a document. For the purpose of fulfilment of registration, a neatly laid out document is a requisite. Although, registration is not mandatory under the law, doing so will only benefit you in getting rightful remedy in case of a legal tangle or any other issues arising out of business operations.
Lets us list out some of the rights of that may be denied if your association is not registered.
Your right(partnership ) under the contract cannot be enforced by the court against the third party if you not registered.
If there is a dispute between the partners, a legal remedy cannot be sought in courts.
Therefore, we strongly advise you for registering your partnership association to be free from legal hassles in the future.
The agreement registration process is the same for everyone? My friend is a foreign national with OCI card.. We can visit the sub registrar office with a witness and sign the document and register it? Any charges for registration?
The charges applicable for registration has to be paid.
You get the document prepared through a document writer and get the same registered through the same person.
The freind of your who is foreign nationals with OCI card holder is male or female? Where does the spouse live in India ?
The above questions needs to be answered by you before I answer your questions legally and tactfully to make your work easier and smooth.
- As per law, the presence of both the parties are mandatory before the Registrar at the time of registering the agreement. .
- If your friend is residing abroad , then he can execute the POA/SPA from there in favour of any relative or nearest one in India if he is unable to come to India.
- Further the said POA /SPA must be notarized as per rule of that country , and should be dully stamped /verified from the office of Indian Consulate/Embassy.
- Further , the said POA holder will appear before the Registrar in India for registering the agreement on his behalf.
- Since, this is only an agreement for profit sharing , then a nominal stamp duty will be charged.
NRI can enter into partnership in India. There is no restriction on an NRI to enter into any partnership agreement with an Indian Citizen. But NRI has to comply with regulations laid down by FEMA.
I am not sure how much it'll cost you in tamilnadu. I'd suggest you get online and register it through the numerous legal service providers who do this..
1. Yes it is same for everyone.
2. Yes you need to visit office of sub registrar pay required stamp duty and registration charges which differs from state to state.
He can do it if personality present.But if the friend is not present and poa is required then it has to be attested in Indian embassy in that foreign country
For registering the agreement, both parties have to produce proper ID and address proofs. You and your friend can very well visit the SRO, sign in the presence of competent witnesses and register the agreement. Registration charges apply.