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LEGAL CHALLENGES FACED BY PRIVATE COMPANIES IN BUSINESS

April 6, 2021Subhi RaghavLegalNo Comments

Building a startup in itself is a great challenge for any entrepreneur to which reduction of risks and understanding the role of legal compliances play a decisive role. Failing to meet all the legal aspects would only land a startup in big troubles. Here we would focus on the legal challenges faced by any startup company in India.

Depending upon the structure of the business, there are certain legal requirements that must properly and carefully be followed up such as the registration process and regulatory compliances by a company. Similarly, the required necessary agreements must be in place to avoid any legal disputes arising uncalled for in future.

Full Compliance with tax laws is a must to avoid any penalties and punishments. Also, a significant challenge for startups is to ensure it is compliant with all the applicable labor laws which includes minimum wages, payment of gratuity and provident fund, maternity benefits, prevention of sexual harassment at workplace, etc.

In some cases, approval of license is also required to run a business smoothly. These licenses are obtained depending upon the type of industry and its specific compliances. The conditions mentioned in a license have to be complied with. Failure to this may lead to lengthy and costly litigations and will automatically affect the prospects of the startup business growth.

Similarly, intellectual property also plays an important role for any startup company and therefore, it must be protected to prevent its misuse by other entities/ rival groups for their benefits. Most startups realize it later on and due to which face undesired consequences. To avoid these, awareness to basic tenets of Intellectual Property Rights is required. A basic awareness to copyright protection, patent filing, and trademark registration would work well.

In the present scenario, we have been witnessing the presence of Covid-19 due to which there is a slowdown in each and every industry worldwide. Even in Indian context, there are so many business houses and industries which have faced major obstacles in their business growth and all this is due to lack of legal awareness in day to day business activities. Not paying required attention to the legal aspects or, not complying with the strict rules and laws of the governing act directly results in and accounts for the failure of the business industry.

Therefore, to sustain one must have adequate system to deal with such legal challenges.  

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