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PAPER-3 Setting Up of Business, Industrial & Labour Laws CS Executive Mod-1

Syllabus

Objectives

a To provide the working knowledge and understanding of the various procedural requirements involved in the setting up of business entities.
b To acquire working knowledge, understanding and application of Labour Laws.
Level of Knowledge: Working Knowledge
Detailed Contents
 Part I : Setting up of Business (60 Marks)

1. Selection of Business Organization

* Key features of various Business Organisations and issues in choosing business organisation including policy matters, identification of location, tax implications and other relevant aspects

2 Corporate Entities – Companies:

Types of Corporate Business Entities
*Private Company
*Public Company
*One Person Company
*Nidhi
*Section 8 Company
*Producer Company
*Foreign Company Drafting of Incorporation Documents
*Memorandum of Association and Articles of Association
*Incorporation contracts, documents and forms Formation and Registration
*Procedural aspects with regard to Incorporation of corporate entities  

3. Limited Liability Partnership:

*Concept of LLP
*Formation and Registration
*LLP Agreement
*Alteration in LLP Agreement
*Annual and Event Based Compliances

4. Startups and its Registration:

*Start-up India Policy
*Registration Process
*Benefits and other Government Policies
*Different types of capital - Seed Capital, Venture Capital, Private Equity
*Angel Investor
*Entrepreneurship
*Case Studies on Unicorn

5. Micro, Small and Medium Enterprises  

*Classification of Enterprises
*Memorandum l Measures for promotion and development
*Udyam Registration Process
*NSIC Registration
*MSMEs Schemes

6.Conversion of Business Entities:  

*Conversion of private company into public company and vice versa
*Conversion of Section 8 company into other kind of Company
*Conversion of Company into LLP and vice versa
*Conversion of OPC to other type of company and vice versa
*Companies authorised to registered under Chapter XXI of the Companies Act, 2013

7. Non-Corporate Entities:

*Partnership l Hindu Undivided Family
*Sole Proprietorship
*Multi State Co-operative Soc IFormation and registration
*Partnership Agreement and Trust Deed l Mega Firms
 

8. Financial Services Organization

*NBFCs
*Housing Finance Company
*Asset Reconstruction Company
*Micro Finance Institutions (MFIs)
*Nidhi
*Payment Banks
*Mudra Bank
*Registration
*Chit Funds

9.Business Collaborations :  

*Foreign Collaborations
*Joint Venture
*Special Purpose Vehicle

10. Setting up of Branch Office/ Liaison Office/ Wholly owned Subsidiary by Foreign Company:

*Formation and Registration  

11. Setting up of Business outside India and Issue Relating Thereto:

*Issues in choosing location
*Structure and the processes of incorporation of business entities in UK, USA, Canada and Australia

12. Identifying laws applicable to various Industries and their initial compliances  

*Compliance of industry specific laws applicable to an entity at the time of setting up of the enterprise

13. Various Initial Registrations and Licenses:

*Mandatory Registration – PAN / TAN
*GST Registration
*Shops & Establishments
*Additional Registration / License - ESI/PF
*Pollution l Other registration as per requirement of sector
*IE Code
*FSSAI
*Telecom; I & B
*Industrial License, Industrial Entrepreneurs Memorandum (IEM)
*Activities specific approvals / permissions / licenses
*Environmental & Pollution clearances
*Sectoral approvals / permissions / licenses
*State Level Approval from the respective State Industrial Department
 Part II: Industrial and Labour Laws (40 Marks)

14. Constitution and Labour Laws:

*Fundamental rights vis-à-vis labour laws, Equality before law and its application in Labour Laws, Equal pay for equal work
*Article-16 and reservation policies, Articles 19, 21, 23 and 24 and its implications

15. Evaluation of Labour Legislation and need of Labour Code

 

16. Law of Welfare & Working Condition

*The Factories Act
*Contract Labour (Regulation and Abolition) Act
*The Child and Adolescent Labour (Prohibition and Regulation) Act

17. Law of Industrial Relations:  

*Industrial Disputes Act
*Industrial Employment (Standing Orders) Act

18. Law of Wages  

*Payment of Wages Act
*Minimum Wages Act
*Payment of Bonus Act
*Equal Remuneration Act

19. Social Security Legislations

 *Employees’ State Insurance Act
*Employees’ Provident Funds and Miscellaneous Provisions Act
*Maternity Benefit Act
*The Payment of Gratuity Act
*Apprentices Act, The Labour Laws (Simplification of Procedure for furnishing Returns and Maintaining Registers by Certain Establishments) Act
 

20. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013