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What is a Legal Notice? What purpose does it serve?

A “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled.

Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance.

When to send a Legal Notice?

A legal notice is generally issued by an advocate appointed by the victim, on behalf of his/her client for the purpose of soliciting a settlement.

There are numerous reasons for which one can send a legal notice to a person or a legal entity. However, the most common reasons are as follows:

  • Property related disputes for example mortgage, delay in possession delivery by the builder, eviction of the tenant on unreasonable grounds, partition of family property, etc.
  • Notice to the employer for terminating employees wrongfully, unpaid salary, violation of rights of the employees by the employer etc.
  • Notice to any employee for violation of the HR policies, committing sexual harassment at workplace, leaving the job without dropping the resignation letter, violation of any provision of the employment agreement etc.
  • Notice to a company manufacturing or providing service of contaminated/low standard products, negligent services, fraudulent advertisement etc.
  • Notice in the case of cheque bounce to the issuer of the cheque.
  • Notice regarding personal conflicts for instance divorce, maintenance, child custody, division of maternal property etc.

What Should You Do After Receiving A Legal Notice? - Replying to Legal Notice Online Process

It is advisable to reply to notice within the stipulated time as not replying to the notice can benefit the Addressee.

The following important points should be kept in mind once a notice is received.

  • Reading the notice carefully: It is important to read the legal notice properly in order to understand the issue and the concerns raised by the other party. After going through the notice thoroughly, if the receiver feels like the concerns raised in the notice can be resolved amicably then a conversation should be initiated immediately.
  • Contacting a Lawyer: If the contents mentioned in the notice is not clear, then one must contact a profound lawyer who can take further legal action regarding the matter. Also, one must keep a record of the time of receiving the notice which will be advantageous even if the opposite party takes the matter to the court.
  • Briefing the lawyer: This is the most important step to follow. You must escalate the entire matter to your appointed lawyer, providing him with all the requisite information about the facts, place, time and events related to the issue etc. which will help your Lawyer to draft a proper reply presenting your side of the argument.
  • Sending the reply: Once the reply notice is drafted by your Lawyer on your behalf, it is sent through registered post or courier. A copy of the reply is also kept by your lawyer for future reference.

What Happens If Someone Doesn't Respond To A Legal Notice?

If one doesn’t respond to the legal notice within the stipulated period of time, then eventually the aggrieved party will file a suit in the appropriate Court of Law. Once the suit is filed in the Court, the Court will send order the respondent to appear before the Court and answer the charges pressed as by the opposite party.

Benefits of A Legal Notice

  • Warning: A legal notice acts as a warning as it ensures that the offender is made aware of his/her duties to be performed along with the consequences of non-compliance.
  • Caveat: The respondent is informed regarding the potential litigation and opportunity to rectify his/her error.
  • Resolution of Dispute: Both parties are given a fair chance to resolve their dispute by negotiating between them, without dragging the matter to the court.
  • Amicable Settlement: The process of litigation is time as well as money consuming in lieu of which direct settlement via legal notice makes things quicker and easier.

FAQ

LLP is a Limited Liability Partnership which has features of both, a partnership and a corporation and partners have limited liabilities and are governed by Limited Liability Partnership Act 2008.

Minimum two people are required to form LLP and there is no limit on maximum number of partners.

Yes. There are some tax benefits for LLP like Dividend distribution tax and Minimum alternative tax.

Yes. An LLP can be registered at your home address..

LLP Annual filing includes following components: Annual Return Statement of the Accounts or you can say Financial Statements of the LLP Income Tax Returns Filings.

You can get LLP agreement format here.

No. This process is completely online and physical presence is not needed.

Partners are decided during incorporation of the company and later can increase in number after fulfilling specific conditions to become a partner.

LLP registration fees depend upon a lot of factors and varies from case to case.LegalDocs provides the lowest rates in the market for LLP company registration.

A legal proof of LLP is certificate of incorporation as well as LLP agreement 

Yes, DSC of an authorized director is required while incorporating an LLP. 

No, You don’t need to be physically present for the process, E-StartupIndia is an online catering platform all you need is internet connection  in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at remotest location of the India

You can start a Limited Liability Partnership with any amount of capital. There is no requirement to show proof of capital invested during the incorporation process. Partner’s contribution may consist of both tangible and/or intangible property and any other benefit to the LLP.

The stamp duty depends upon the state in which you are executing the agreement. Like in Rajasthan it is 500

Not required, you can use your residential address as Registered office purpose for the same.

LLP will be treated as Partnership firm for the purpose of tax and therefore will be taxed on the line of partnership firm. The effective tax rate is 30.90% on Profit. There will be no surcharge applicable on LLP.

Yes you can include your any family member in your LLP as a Partner.

if your expected turnover cross 20 lakh rupees in a year then Yes its required but suggest you always go with the GST Registration after the incorporation of LLP. It’s helpful to claim the input tax credit.

Yes Startup India Govt Definition clearly mentioned about the LLP Registration legal entity so you are eligible for the same.

Yes, you can run multiple business under one LLP Name, there is no issue in that.

LLP Secures only the company name like XYZ Technologies LLP but its not secure your Brand or Logo. so if you want to launch any brand under your LLP name then you can go with the Trademark Registration for the same.

Simply your age is minimum 18 year with the valid documents like pan card etc.

There is no validity for LLP Registration Certificate. its for the lifetime.

Yes if there is no particular terms & condition in your JOB Agreement.

Conversion from LLP to another entity is not practical or possible till the date. 

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