Single Member Company

Single Member Company or SMC is a private company which has only one member/director and which has the privileges of limited liability. It has facilitated sole proprietorships to obtain corporate status. All the shares are vested with single member/director.

 The creation of SMCs was first allowed by SECP through Single Member Companies Rules, 2003. These rules allow single persons to convert their non-corporate entities into companies with limited liability of the Single Member.

The Registration of this type of company is dealt under the provisions of the Companies Act, 2017. The advantages of this company are that there would be no chances of disputes which are common in private companies, as a member would not be having any associate in the company, it protects the single member from unlimited personal liability and limits liability to assets of company.

Askwakeel.pk has dealt with various registrations of single member companies in Pakistan and has expertise in doing so. You can have all the company requirements, like filing an annual returns and many more. The basic benefit you can get by using our services is that it can help your business not only get started, but enable you to build it into something successful.

Banking Laws in Pakistan

Askwakeel.pk has dedicated team of professional lawyers who have extensive experience in assisting clients with banking law issues in Pakistan. Askwakeel.pk also provides assistance in all type of regulatory applications to the banking authorizes as well as defensive assistance in personal civil liability actions instituted against officers and directors of financial institutions for alleged breaches of their legal duties and responsibilities as officers or directors of such institutions.

Most offences under banking and finance are administered under Financial Recovery Ordinance, 2001 in special courts named as banking courts in Pakistan. Offenses may also be tried under civil courts and through other courts if circumstances permit.

Every Banking Transaction between the Bank and the Consumer is governed through the Banking legislations and the signed contract. Banking Courts play an important role in recovery of loans and as regulator for the financial institutions, further a Banking Mohtasib is also in place to redress the grievance against the Bank. Criminal law is also applicable in financial crimes.

Intellectual Property Laws in Pakistan

Intellectual Property laws of Pakistan include the copyright laws, patent laws and trademark laws. This area of law protects the work of creative individuals and businesses from unauthorized use or exploitation by third parties. By utilizing Intellectual Property laws, creators and innovators can fully protect and benefit from their creations.

Several general principles are important for effective management of intellectual property (IP) rights in Pakistan. First, it is important to have an overall strategy to protect your IP. Second, IP is protected differently in Pakistan than in the U.S. Third; rights must be registered and enforced in Pakistan, under local laws. Your U.S. trademark and patent registrations will not protect you in Pakistan.

Intellectual property issues are critical to the success of any business, regardless of its size. Registration of patents and trademarks is on a first-in-time, first-in-right basis, so you should consider applying for trademark and patent protection even before selling your products or services in the Pakistan market.

Askwakeel.pk helps clients in virtually all industries, obtain, protect and enforce patents, trademarks, copyrights, trade secrets and other intellectual property rights. Our IP lawyers have extensive legal and commercial experience as in-house IP counsel, patent and trademark examiners.  The whole focus of our IP counsel is secure the IP Rights for our clients to the maximum competitive advantage from effective exploitation and safeguarding their intellectual assets.

Criminal Trial in Pakistan

 The process of criminal trials from the reporting of an alleged offence to the conviction or acquittal of an accused over a subsequent charge is as follows:

Cognizable offences are either reported to the police or other law enforcement agencies or anti-corruption bodies, depending on the relevant jurisdiction. The reporting of any such offence takes place through an application which is either written or narrated orally to the competent authority, by virtue of Section 154 of the Code of Criminal Procedure 1898 (CrPC). According to S.154 CrPC, once a cognizable offence has been committed, the Station House Officer (SHO), Operations becomes legally bound to register a criminal case against the accused, whenever the relevant information is reported before the SHO.

After the registration of a case, the investigation officer (IO) records the statements of witnesses and collects initial evidence, by virtue of the powers conferred under S.161 CrPC. After completion of the initial investigation, a challan is presented before the trial court under S.173 of the CrPC, following which the trial commences and the court issues notices to present the accused before the jail superintendent, either if the accused has been confined to jail or out on bail. For the accused at large, the court declares them proclaimed offenders, while substitute methods for service of notice are used to summon them, such as through newspaper, etc. The complainant is also summoned and copies of the challan are provided within court premises to the complainant and the accused under section 241-A of CrPc. On the next date of hearing, a formal charge is framed by virtue of section 242 of CrPC and the accused is asked whether he or she has committed the alleged crime. Upon admission of the accused, the magistrate, exercising powers conferred under section 243 of the CrPC, may convict the accused.

The framing of charge marks the commencement of trial. The prosecution is summoned for its evidence and witnesses, which are later cross-examined by the defense, followed by examining any property recovered by the investigators. Once the prosecution has made out its case, the accused may be examined by the court by being asked certain questions before being provided with an opportunity to present evidence. According to Section 342 CrPC:

“For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the court considers necessary.”

The defense then submits its evidence and the prosecution gets a chance to cross-examine the defense’s evidence. The trial is then concluded and final arguments are heard, after which a judgment is pronounced by the court.

Two relevant principles on the basis of which criminal cases are to be decided include the presumption of innocence (according to which everyone is presumed innocent unless proven guilty) and the burden of proof (whereby the prosecution has to prove its case beyond reasonable doubt as opposed to civil cases where the burden of proof is based on a balance of probabilities).

Filing a Consumer Complaint before Consumer Court

The Consumer may file case / claim before Authority/DC or Consumer Court which is headed by the District & Session judge.

 Steps for Filing Consumer Complaint:

1. 15-Days Legal Notice to Service Provider:

Consumer should serve a fifteen days legal notice on plain paper to the provider of defective product or faulty service(s), as the case may be, stating therein that he / she / they will redress the damage suffered by him / her / them and consequently pay damages to the consumer within fifteen days of receipt of legal notice, otherwise the consumer may file a claim for redressal of his / her / their grievance before Consumer Court.

a. Legal notice should be served to the manufacturers / sellers of product(s) and to the service provider, in case of provision of service, especially through registered post / mail, along-with acknowledgement.

b. There is a limitation of 30 days (from arising of cause of action) for filing a complaint in the consumer court.

c. Serving a 15 days legal notice is pre-requisite for filing claim in Consumer Court.

2. Before Consumer Court:

If matter is not resolved through legal notice, then consumer may file a case / claim on plain paper for redressal of his / her / their grievance before the Consumer Court within subsequent fifteen days.

Case / claim may be filed by the consumer himself / herself / themself or through a Lawyer.

No Court fee is required for filing claim before Consumer Court.

3. Before Authority / DC

Any person may file a complaint for violation of provision of following Sections of the Act before the Authority/DC who, on being satisfied that such is the case, fine the violator that may extend to PKR 50,000 (Rupees fifty thousand only):

Section- 11: Duty of disclosure regarding Products

Section- 16: Duty of disclosure regarding Services

Section- 18: Prices to be exhibited at the business place

Section- 19: Receipt to be issued to the purchaser

Note: No legal notice is required for filing complaints before Authority.

The Consumer Court shall decide the claim within six months after the service of summons on the respondent.

Procedure and Requirements of Succession Certificate

Basically, succession certificate is registered document which is required when person dies leaving behind money in bank account, bonds or shares in company.

Once legal heirs get this certificate they can withdraw money from deceased account in Pakistan. But without having succession certificate for bank account from competent court, the banks do not allow legal hairs to get money.

It is a mandatory requirement of financial institution, that legal heirs must have succession certificate in Pakistan.

In order to get this certificate a proper case has to file in civil court. This succession certificate establishes the right of heirs and determines their share in the property. It also gives them the authority to withdraw the money or securities and transferred them in their own name.

The relevant law applicable in this process is Succession Act 1925. Sections 370 to 390 of Succession Act 1925 deal with this process.

Succession Certificate Requirements:

These documents required for succession certificate in Pakistan and are attached at the time of initiating this civil suit.

1. Death certificate of the deceased
2. CNIC (Identity Card) of the deceased
3. CNIC (Identity Card) of the heirs
4. Notices and public advertisement
5. Statement of the all heirs or any one of them
6. One independent witness

Procedure of Succession Certificate

The Procedure for getting certificate is quite simple.

Usually a readymade form is available in courts, which is used to get money from deceased account. The heirs have to fill them while mentioning the description of all movable properties which they want to withdraw.

If that form is not available then a plaint has to be filed explaining all the facts which led the heir to file this suit.

(1) On first hearing the court will order for the notices in the public newspaper as an advertisement.

(2) On second hearing the copy of advertisement is submitted in the court and further order of recording of evidence are passed.

(3) On third hearing the statement of one heir and his independent witness (who is well acquainted with the facts of the case) are recorded.

(4) Fourth hearing is fixed to hear the arguments and after that the order for granting the succession certificate are passed, only if the court is satisfied.

This whole process takes about 1 to 2 month.

When the certificate is received the heirs can take the original copy to the concerned institution and can withdraw the asses or transfer them in their own name.

Gift Deed and its Registration Process

A Gift Deed is a legal document that records the transfer of ownership of the property from a donor to a donee. It also specifies that the transfer was made voluntarily without any exchange of money between the two parties. Unlike executing a sales deed, there is no financial transaction involved in the process of gifting a property.

Although it is also not mandatory for a donor to declare a gift in writing, as it can be done orally as well, gift deeds for property transfer are solely executed for the purpose of creating a valid record. 

However, it is important to register a gift deed for it to be valid – especially when it comes to transferring the ownership rights of immovable property.

There is no set gift deed format in Pakistan. 

Generally, when someone bequeaths their property to a loved one, the deed mentions that the gift was made voluntarily and without any coercion. It also clarifies the donor is not bankrupt and won’t ever ask for the gift to be returned. 

Not to mention, you cannot register a gift deed in Pakistan if it does not have the signatures of both the donor and the donee.

In case of a gift deed for cash and prize bonds, the document usually mentions the total amount that was transferred as well as the mode of transfer (via cash or check etc.). If one is giving away their jewellery, they may mention the type, weight and current valuation for an estimate.

On the other hand,one may have to submit a few documents to prove their ownership rights while executing a gift deed for real estate.

Whether you are gifting a parcel of land or a house to your relative, friend or acquaintance, here are some of the documents required for gift deeds.

  • Attested copies of donor’s CNIC 
  • Attested copies of donee’s CNIC 
  • Original allotment letter
  • Property tax clearance certificate
  • No-objection certificate from the local building control authority
  • Bank draft of PKR 3,000 or 5,000 (the amount varies with each case)
  • Statement recorded before the concerned Deputy Director 
  • The official seal of the concerned Deputy Director 

HOW TO REGISTER A GIFT DEED IN PAKISTAN 

For gift deed registration in Pakistan, the aforementioned details must be put down on a stamp paper along with the names of the donor and the donee. Even though there is no monetary exchange involved, the deed must be attested by at least two witnesses before being registered in the concerned sub-registrar. 

For immovable properties, the title cannot be legally transferred to the gift recipient’s name unless both parties have registered the gift deed and paid the property tax. 

TAX ON GIFTED PROPERTY IN PAKISTAN

This is one of the most important aspects of gift deed registration in Pakistan.

Property transferred as a gift is liable to taxation as it falls under Capital Value Tax. The amount to be paid is determined according to the overall value of the gift. However, a property gifted by parents, grandparents, siblings, spouse or children is exempt from taxation.

Child Adoption Procedure in Pakistan

What is Child Adoption?

Child Adoption is a process where a person assumes the guardianship of a child, from the biological or legal parents.

Once the child adoption procedures complete it permanently transfer the rights and responsibilities to the guardian, along with affiliation, from the biological parents

There is no specific law regarding the adoption of a child in Pakistan. It does not mean that adoption is literally prohibited in Pakistan. Children in especial circumstances are placed under the guardianship of their near relatives or suitable person appointed by Court. In that case the children do not automatically adopt the parentage of their guardians. They will legally enjoy all social and economic rights except for inheritance of property from their guardian.

There are two methods to adopt a Pakistani child.

  1. Either adopt a child through the child protection bureau (including registered orphanage)
  2. Or through the guardian court of Pakistan

To adopt an orphan baby in Pakistan you should only visit authorized orphanage centers or child protection centers.

Once you have decided to adopt the proceedings will initiate in the court of District judge. You have to proceed with your case and convince the judge that you are a suitable couple to adopt a baby in Pakistan. Before you start court proceedings you have to submit;

  • Your complete profile showing your priority in child adoption
  • Gender of adopting parents
  • Age of baby you wish to adopt
  • Along with other requirements to adopt a baby in Pakistan.
  • A professional lawyer prepares the case in which you will claim the adoption.
  • The adopting parents will provide their personal information i.e. profession, age, religion, sect, income, etc
  • A child cannot be adopted from unauthorized adoption centers in Pakistan. It can only be done via Chippa, Edhi, etc..

What is the Child Adoption Procedure in Pakistan?

The procedure of child adoption in Pakistan involves these necessary steps;

Eligibility requirements to adopt Pakistani child are as below:

  • Name of child.
  • Date of Birth of Child and Place of Birth.
  • Name and Address of Terminating Parent.
  • The adoptive parents have to be a Muslim. (Unless the agencies know they are placing a Christian Child, they cannot place a Muslim child with Christian family)
  • Couples must be married for at least three years. (Provide valid proof of marriage certificate)
  • Prospective adopting parents must be at least 25 years of age.
  • Parents must be able to afford to raise the child
  • At least one of the parents must be of Pakistani origin or eligible for a NICOP or CNIC (A requirement for the foreigners only)
  • Apply to the Family Court adoption.

Court Procedure to Adoption Child

Once you fulfill all the above-mentioned requirements then you need to start a case.

  • Filing of Suit for Declaration and Termination of Parental Rights.
  • Notice sent to the parties.
  • Submission of adoption deed or get holds of recorded consent of parents.
  • Record the Evidence of both parties.
  • Final arguments & decree by the Court.
  • Filing for Guardianship (it is not necessary but favorable)
  • After getting a guardianship decree from the court, adopting parents can obtain NADRA B-form which is also called CRC (Child Registration Certificate). So that when the child reaches the age of 18 he got the National Identity Card number.

                                                                                                    Anam Younis   Advocate, Islamabad

Temporary Injunction, Its Grounds and Procedure:

A temporary injunction is a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or preserve the subject matter of the litigation until the trial is over. After the trial the court may issue a permanent injunction or dissolve the temporary injunction

Order 39, Rule 1 & 2 of Civil Procedure Code 1908 and Volume 1, Part-L, Rule 3 of High Court Rules deal with temporary injunctions.

Temporary injunction can be granted against plaintiff as well as defendant. Temporary injunction cannot be granted against strangers.

Grounds for Temporary Injunctions:

  1. When property is supposed to be wasted or damaged.
  2. When opponent party is threatening to dispose of or remove property.
  3. When defendant dispossessed the plaintiff or caused injury to plaintiff with respect to property.
  4. When court considers it necessary to grant injunction for ends of justice.
  5. When defendant breaches the contract/peace.

Conditions for Grant of Temporary Injunctions:

  1. Prima facie case lies in favor of plaintiff and against defendant.
  2. Balance of convenience
  3. High probability of case decision in favor of plaintiff
  4. Irreparable loss to plaintiff in case of non-grant of injunctions

Circumstances Where Temporary Injunction may be granted:

  1. To maintain status quo
  2. To stop transfer of property
  3. To restrain construction over disputed property
  4. Recovery of dues
  5. Attachment of property
  6. Appointment of commission or receiver of property

Procedure for issuance of injunctions:

An application for temporary injunction should be filed with plaint supported by an affidavit.

The Court shall in all cases, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-

(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with-

(i) a copy of the affidavit filed in support of the application;

(ii) a copy of the plaint; and

(iii) copies of documents oil which the applicant relies, and

(b) to file, on the day on which such injunction is granted or on the day immediately following, that day, an affidavit stating that the copies aforesaid have been so delivered or sent.

In the case of disobedience of any injunction granted or other order made by court or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.

How to file a complaint against cyber-crime in Pakistan?

If your Facebook page is hacked, or if someone has posted your pictures without your consent, or even if you think someone is spreading hatred online, you can simply go ahead and report such cyber -crimes to NR3C to get relief that’s mandated by law now.

Reporting cyber-crimes in Pakistan is very simple and easy, here are cyber-crimes that you can report to cyber-crime wing of FIA.

Types of Cyber Crime You Can Report

  • If someone has made a fake FB ID or Twitter ID with your name
  • If someone has posted your images without your consent
  • If someone is spreading racial or ethnic hatred
  • If someone has hacked your Facebook/Email ID
  • If someone has gained un-authorized access to your laptop, phone (Physical Information system, digital data, personal Identity)
  • If someone is defaming you on social media and you think he/she’s wrong in claims he/she is making
  • Online Fund Transfer Fraud through bank, ATM, Easypaisa, U-paisa, Time pay or any other online fund transfer facility
  • If your website is hacked by someone

How to Report Cyber Crimes

  • If you a victim or any above-mentioned offenses, then you can go ahead and follow below instructions to register a cyber-crime in Pakistan
  • Register Complaint Against Cyber Crimes by filling form online: Go to this URL and submit your application online: http://www.nr3c.gov.pk/creport.php
  • Register Complaint Against Cyber Crimes with Email: Write an application with all possible details and your complete credentials (Name, Address, CNIC, and Contact No.) and email it to this email-address: helpdesk@nr3c.gov.pk
  • Register Complaint against Cyber Crimes by writing hard-copy application: Write an application with all possible details and your complete credentials (Name, Address, CNIC, and Contact No.) and send the application to this address: Director NR3C-FIA, National Police Foundation Building, 2nd Floor, Mauve Area, G-10/4, Islamabad.
  • Registering Complaint by Walking to NR3C Regional office: Simply visit any of the regional offices of NR3C and register your complaint in person.

How to Write a Complaint against a Cyber Crime?

You can write your complain in plain English/Urdu with maximum possible details about the offense. You can attach any evidence, such as email printouts (screen-grabs) and any possible detail to help the officials understand your case better. You can also mention (nominate) anyone with their phone/address details.

How effective is it to Complain with NR3C?

NR3C is more resourceful. They have official contacts with ISPs, mobile phone companies, Facebook, Twitter and so on to get your complaint resolved.

It is to be noted that the process time of your application may be up to a few weeks, depending on type of your complaint. If you submit it in proper fashion alongside proof and needed documentation,  your complaint can get resolved with ease.

How to Get Update on Complaints:

You can email (helpdesk@nr3c.gov.pk) or contact them on 051-9106384 or mobile no: 03366006060 for any queries against your complaint and update.