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Legal notice

What is shaking up the startup community is the Legal Notice that the Ministry of Corporate Affairs (MCA) is sending.

There are 2000+ startups in Bangalore alone that have not filed annual returns as required under the applicable laws, and this act is backfiring on them. The startup status of your company could be an active startup or a dormant startup, but if you haven?t filed your returns, things are going to work as per MCA?s rule books and that would hurt.

Why is MCA sending a Legal notice?

Ideally, the Financial Statement should have been filed with Registrar of Companies (RoC) within the time as specified u/s 137(1) or (2) of the Companies Act, 2013 (?Act?). Companies that have not filed its Annual Returns in respect of financial year ending 2014 or before in terms of section 129 of the Companies Act, 2013 are receiving a legal notice from MCA.

What does the Legal Notice say?

Co-founders via a Legal Notice are called upon to give an explanation/ show cause as to why action should not be taken by launching a prosecution under Sections 129 and 137 for contravention of sections 129 and 137 read with section 403 of the Act respectively.

What is the duration of when the Company should act?

Companies that have received this Legal Notice must provide an explanation within 15 days from the date of issue of the Legal Notice and file the Annual Returns for the pending financial years with the RoC.

What is the penalty if a Company does not respond?

If the company does not provide any explanation within 15 days?from the date of issue of the Legal Notice, the necessary prosecution against the Company may be instituted by the RoC. The penalty for non-compliance is no small amount but will run into a few lakhs of rupees.

What are the factors on which the penalty is dependent on?

The penalty is dependent on the number of years the returns have not been filed and the duration of the delay. Ignoring this Legal Notice and not complying with the above-mentioned provisions of the Act is a risky proposition.

Wazzeer has been helping entrepreneurs in handling such cases, we would be grateful to help you?Let’s talk!


Copyright, IP, Legal notice, Start up Lessons
The article talks about the details of filing a DMCA (Digital Millennium Copyright Act) complaint to resolve website content scraping issues. You should keep in mind that if you didn’t do anything about it a lot of websites known as ‘scrapers’ will continue to take advantage of your content. And in near future your website can be affected, especially in the search results.

First Step: Website Content Ownership Legality Requirements
Before we move forward with DMCA complaint, you need to prove the ownership of your website content. You can only file DMCA complaint on other website when you have enough prove regarding your website content ownership  

Second Step: Detect website content scrapers and gather evidence
You will be required to state the URLs of infringing website pages where your content has been copied if you intend to file at DMCA complaint. So it is important to detect them and make a list.

Third Step: Contact infringing website First, let them know that they are copying content from your website and they are not authorized to do so. Second, provide them with a complete list of URLs where your content is found on their website. Third, ask them to remove the copied content. Optionally, you might offer to grant them permission, provided they link to your website. This might beneficial if the website copying your content is popular and authoritative. Fourth, you should set realistic deadlines as to when you?expect them to implement your suggestions or get a reply.  

Fourth Step: Escalate issue to web host and file DMCA complaint If you don’t get any answer from the infringing website, you need to contact the web host of that site and send an inquiry. You have to fill out the complaint form and include the url of the copied website as well as our website and send it to the host. The hosting support will then review the complaint, and reply to us and ask us to file DMCA. After the web host receives the DMCA complaint, they will facilitate the removal of content from the infringing website according to their terms and conditions.

 It’s a summarization of an article in seochat. For more details, visit

Wazzeer is vouched by Entrepreneurs as the most reliable Legal and Accounting Partner. We would be super excited to help you. Let’s Connect! 🙂

Legal, Legal notice, Litigation
Did you send a legal notice to resolve your dissatisfaction on the product/service purchased and did not receive any response?

Fret not.

Your Service/Product provider has already done a grave mistake by not taking your complaint seriously and have actually given you all the rights to get compensation for failing to perform his duty of providing you a quality product or service.

You first consider this check list.

Have you informed the service/product provider about the issue?

Have you escalated the issue to the manager/CEO by sending a mail/letter specifically to them?

Have you warned them that failure to respond to your queries may result in a legal suit?

Have you sent the legal notice to the service/product provider through registered post?

If the answer for all the above questions is a Yes, then don’t worry the service/product provider is legally bound to respond within 21 working days. Failure to which you just need to document the entire process and provide it as proof to court that you used all means available to settle the issue amicable outside the court but was shrugged off by the service/product provider.

This will result in a ruling in favour of your complaint and now service/product provider is legally bound to provide you that compensation with complete satisfaction of terms and conditions of the judgement of the court in both letter and spirit.

If the service/product provider fails to follow the judgement in both letter and spirit then it becomes a case of contempt of court and the service/product provider will face criminal proceedings which will be a costly affair to the service/product provider.

Wazzeer is vouched by Entrepreneurs as the most reliable Legal and Accounting Partner. We would be super excited to help you. Let’s Connect! 🙂

Legal, Legal notice, Litigation

Received a Legal notice, Ask yourself following questions to figure out what needs to be done:

What is a Legal Notice?

Legal Notice is a document that puts allegations on the defendant (Receiver of Notice) contained within the complaint. In simple words, Legal Notice is an intimation given to the defendant by the complainant about the complaints on defendant.

What is our next step?

The Legal notice must contain the complete details (Full Name and Postal Address) of the complainant. Check the details and ascertain who the complainant is. This is important in case of an out of court settlement or if the notice is due to some confusion from the complainant’s end. Then check what are the allegations levelled against you (defendant). Then you can decide on the course of action you need to take. It is very important for you to understand the charges levelled against you. If you did not understand any term in the notice you need to make all the efforts to understand it including and not limited to consulting a trustworthy lawyer.

Is reply to a Legal Notice necessary?

No. Replying to a legal notice is not a requirement under law. Courts won’t pass an ex parte decree (A decree passed against the defendant in absentia) automatically for not replying to a legal notice. The importance of a legal notice would end as soon as the Court proceeding starts. Only when you don’t appear in a case despite serving summons on you, shall the Court pass an ex parte order/decree.

Why should I reply to a Legal Notice then?

Though replying to a Legal notice is not required under law, it is generally welcomed by courts. If you decide not to reply to a Legal notice, then this (the act of not replying to the notice) may be held against you in the court. They (Complainant) may state that you, not replying to the legal notice is the root cause of this case. This will result in you facing the wrath of the court even if you are not responsible for any of the complaints contained in the legal notice. So it is always advisable to send a reply to the legal notice.

How should you send a reply to the Legal Notice?

You need to be extremely careful in accepting/denying the allegation made in the legal notice. It completely depends upon your anticipation of future proceedings based upon undebatable evidences. The reply has to be sent within the time stipulated in the legal notice sent by the other party. If there is any delay in sending the reply the reasons for the same may be stated in the reply itself to avoid any misconceptions in complainant’s mind. It is very much advisable to send a reply to the legal notice through a registered advocate or take help from legal expert before deciding to reply to it on your own. A reply to the legal notice is a kind of undertaking by the defendant. If the reply is drafted poorly then it may be held against you in the court proceedings.

Shall I use a readily available template on the internet to reply?

Beware of many Templates that are available on Internet. Many Do-it-Yourself prescriptions have been spread across the internet to send a reply to a Legal Notice. But always remember that the facts of each case is different and you may not find a template that is most suitable for your case. Also, they can be useful if you have minimum knowledge on Legal procedures and terminologies. Otherwise sending a reply using such templates may very well backfire. Hence, a consultation with a trustworthy Lawyer is required. Only such a lawyer can give you proper advice on whether or not to reply to the Legal notice you have received and if at all you need to reply, how you can properly frame your reply such that it serves your purpose in the court of law.
For a trustworthy Professional advice on this matter Contact us.