#askwakeel – AskWakeel

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.