TRADE LICENSE


PNJLEGAL

Uploaded on May 6, 2020

Category Business

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Category Business

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TRADE LICENSE

WHAT IS A TRADE LICENSE? A trade license documents allow you right to operate your business in a particular area. It does not refer to any kind property ownership and does not allow to do any other business than for it is issued. The license department of municipal cooperation issues licenses in different departments like health, industries, and engineering.The government authorizes legal agreement of trade license in order to regulate in domestics and international cities. It provides permission letters or documents to carry on trade or business where it is located. The issuing of trade license vary depending on state/local government agencies (Municipals) rule and regulations. The main goal of trade license is restricted to people to control business location from executing any kind of business from their resident areas by maintaining the business environment and locality environment. Eligibility for getting a trade license 1. Person must have crossed minimum ages (18 years) 2. Person must not have any criminal records. 3. Business must be capable of executing legal work. 3 important points before you apply it:- 1. Application has to made before you start running your business. 2. Renewal of application must be filled in 30 working days before expiry of the license. 3. Once license issued and it has to be maintained on annual basis. HOW IS TRADE LICENSE DIFFERENT FROM REGISTRATION? The registration of the business is important for giving it a legal identity of its own. It depends upon the promoter to decide upon the type of entity he wants to establish depending upon his business scale. However, it is mandatory for every entrepreneur to obtain the trade license before the commencement of any business activity. If any person is found conducting the business activity without obtaining the license, the business will be considered as illegal and heavy penalty may be levied upon the owner. BASIS OF COMPANY REGISTRATION TRADE LICENSE DIFFERENCE STRUCTURE The new business entity is The existing entity takes the formed to carry on the approval for carrying a particular business. type of activity. VALIDITY Valid for lifetime once allotted. Valid for one year. RENEWAL They are not renewed as they They are renewed after their expiry are valid for a lifetime. by submission of necessary documents. PROCESSING PERIOD ROC takes 3-4 days to issue Concerned authority takes 7 to 10 Certificate of Incorporation. days for processing of an application. ELIGIBILITY Directors should not be minor. The applicant must have crossed 18 The company should be years of age with no criminal record. registered with a minimum Business shall be legally authorized requirement of capital. by its object to carry on such other activity for the trade license is acquired. TYPES Private Limited, Public Limited, OSP license, Drug license, etc. OPC, etc . When should License be Acquired? Every business entity planning to start i’ts business operations shall be required to obtain this license within 15 days of the commencement of any activities. The activity consists of manufacture, exchange or even storage of any commodity. In some states it is mandatory to apply for this license 3 months prior to the commencement of any business activity. Who can issue a Trade license? It is issued by the licensing department of the municipal corporation in various departments like industries, engineering, health etc. The government of India authorizes the license in a manner to regulate in cities across the country. It grants permission by the way of letters or documents/certificates to carry on any business or trade where it is located. The issuance of the license varies from state to state depending on the local government agencies (Municipals) rule and regulations. REGISTRATION PROCESS For making an application for a trade license, the applicant is required to submit the application to the concerned authority (Municipal Corporation) along with all the required documents. The documents required for the same are: 1. Application in Form 353 or 354, as the case may be. 2. If the applicant is an individual, his/her Aadhaar Card is mandatory. 3. If the applicant is any Company, LLP, Firm, etc, their PAN Card, along with incorporation certificate or document. 4. Latest Tax Payment Receipt. 5. Consent letter or Lease documents from the property Owner. Generally, Trade license application is processed within 7-10 days in metro cities. In other smaller cities and rural areas, it takes longer. RENEWAL OF TRADE LICENSE Trade License Renewal It is not a one-time license. It shall be renewed on periodical basis. The requirement of payment of annual fees for the continuity of the license is also mandatory in some states and cities. The trade license renewal is done from 1st January to 31st March of every year. The application for renewal shall be made atleast 30 days before the commencement of the year for which application is sought for. A fine of 50% of the license fees is levied in case of any delay in the trade license renewal process. The following are the documents which are to be submitted with the application for trade license renewal: 1. Copy of the Original License. 2. Challans of the fees paid in the previous years. 3.Tax Payment Receipt. Categories of Trade License Type A Category These licenses are issued for the business activities related to consumable items and eating hubs. Type B Category These licenses are issued for such trades which makes use of locomotive power in order to function, such as industries, workshops, flour mills etc. Type C Category These licenses are issued for trade involving dangerous activities such as firewood, charcoal etc. Significance of trade license One who runs a business in a smooth way, he/she needs to get trade license as it is compulsory in law. You are familiar with driving license and it is quite similar to trade license. Without driving license, he will get penalty notices for it. You can analyze it with the case of trading license. In short, ‘one business who does not have trade license can be considered illegal and have to submit the massive amount of money on their nature of business.’ Online Trade License For obtaining Trade License, an online application can be filed with the authority by the professionals. For obtaining online trade license, documents are required to be submitted with the prescribed form. After this, trade license is granted by the authorities. Appeal for Denial of Online Application In case your application for online Trade License is denied on any grounds, then, you can file a petition to Standing Committee (Health) with a copy of letter of denial to consider the matter. What are the Documents Required? • Utility Bill of the premises in which the business is going to be carried on. • Rent Agreement, in case the premises is on rent/lease. • Fire Department NOC. • Municipal Tax Receipts. • Registration Certificate under Shop and Establishment Act or Infrastructure development department etc. • In case the premises is managed by any person other than the owner, then the photograph, ID proof and address proof of such manager. • ID proof of the applicant. • PAN card of the company, in case the applicant is a company. • Copies of blueprint of the premise. Penalty Provisions The concept of trade license is introduced with a view to discourage any illegal activity and ensure the maintenance of the environment. This is ensured by making sure no industrial or manufacturing related activities are conducted in any residential area. There are various other provisions and rules and regulations are required to be followed by the registered people. In case of non-registration of trade license and starting any activity before completing the pre-requisite of trade license, the person in violation will be liable to pay penalty and might also be liable for legal action against him. Important points to be noted a. The Trade license issued by the municipal authority is exclusively for the Trade or business. b. Rules and regulations in relation to the issuance of a trade license varies from state to state c. The fee structure for the issuance of the license differs based on the nature of the business d. A business granted with this license will enjoy a greater goodwill than an unregistered entity and subsequently attracts more customers and investors. e. This also ensures ethical business practice is performed by the traders as they have to follow safety measures and guidelines. f. If a person doesn’t apply for the license or before the grant of the license as required under law and commences any trade or business activity than the relevant government (authority) can impose fines and penalty as per their rules and regulation. The failure to comply with pre-requisites of the trade license can also result in the closure of a business. THANK YOU