Navigating Landlord-Tenant Relationships Law in Punjab: Insights into the Punjab Rented Premises Act, 2009

Disclaimer: The Punjab Rented Premises Act, 2009 is applicable solely to the province of Punjab, Pakistan. The information provided is not a substitute for professional legal advice, as each case has unique circumstances. Please contact City Laws Associates for resolving landlord-tenant disputes, drafting commercial leases, managing residential and commercial transactions, providing legal advice for property-related matters, and much more.

1. Introductions

– The Punjab Rented Premises Act, 2009 is a crucial legal framework governing landlord-tenant relationships in Punjab, Pakistan. This brief aims to inform landlords and tenants, especially overseas Pakistanis, about their rights and responsibilities.

2. Applicability of the Act:

– Q. Which law regulates the relationship between landlords and tenants in Punjab?

– A. The Punjab Rented Premises Act, 2009 governs the relationship between landlords and tenants in the province.

3. Scope of the Act:

– Q. Does the Punjab Rented Premises Act, 2009 apply to commercial premises?

– A. Yes, the Act covers both commercial and residential properties.

4. Jurisdiction in Cantonment Areas:

– Q. Is the Act applicable in Cantonment areas?

– A. No, the Act does not apply to Cantonment areas; instead, the Cantonment Rent Restriction Act, 1963, governs tenancy matters in these areas.

5. Agricultural Land Exclusion:

– Q. Does the Act cover agricultural land?

– A. No, agricultural land is not covered under the Punjab Rented Premises Act, 2009.

6. Requirement of a Written Agreement:

– Q. Is a written agreement necessary to establish the landlord-tenant relationship?

– A. Yes, a tenancy agreement in writing is mandatory, and it should be registered with the Rent Registrar.

7. Contents of Tenancy Agreement:

– Q. What is a tenancy agreement, and how is it made?

– A. A tenancy agreement is a written contract between the landlord and tenant. While there is no prescribed format, it must comply with the provisions of the Punjab Rented Premises Act, 2009.

8. Registration Responsibility:

– Q. Who is responsible for registering the tenancy agreement?

– A. The landlord is responsible for presenting the agreement before the Rent Registrar for registration.

9. Consequences of Non-Registration:

– Q. What happens if the tenancy agreement is not registered?

– A. Rent Tribunal won’t entertain a landlord’s application unless a fine is deposited (10% of the annual rent). Tenants seeking legal remedies must deposit a fine of 5% of the annual rent.

10. Rent Increment Provisions:

– Q. Are there provisions for rent increment?

– A. Yes, the Act recognizes agreements between parties for rent enhancement, requiring clear terms in the tenancy agreement.

11. Mode of Rent Payment:

– Q. How should rent be paid?

– A. Rent should be paid as per the agreement, and if no date is specified, it must be paid by the tenth day of the following month.

12. Eviction Grounds:

– Q. On what grounds can a landlord seek eviction?

– A. Grounds for eviction include the expiry of the tenancy period, non-payment of rent, breach of agreement, unauthorized use, or subletting without permission.

13. Subletting Restrictions:

– Q. Can a tenant sublet without the landlord’s consent?

– A. No, subletting is not allowed without the landlord’s consent.

14. Lease Termination:

– Q. Can a lease be terminated before the agreed time?

– A. Yes, with mutual consent or by an order of the Rent Tribunal.

15. Tax Responsibility:

– Q. Who pays property taxes, landlord, or tenant?

– A. Landlords are responsible, but if they fail, tenants pay and seek reimbursement.

16. Rent Determination:

– Q. Can landlords and tenants freely agree on rent, or is there a fixed amount?

– A. The Act does not fix rent amounts; parties can agree on any amount.

17. Security Deposit Refund:

– Q. What if a landlord refuses to return the security deposit?

– A. The Act lacks a provision for refund applications. Tenants should file a civil suit for such cases.

18. Duration of Rent Agreements:

– Q. Can rent agreements be for more than 11 months?

– A. Yes, for any agreed period. Agreements exceeding a year need registration under the Registration Act, 1908.

19. Overstaying Tenant Legal Action:

– Q. What action can be taken if a tenant overstays after lease expiration?

– A. A landlord can file an eviction application.

20. Legal Validity of Verbal Agreements:

– Q. Are verbal tenancy agreements legal?

– A. No, verbal agreements are not recommended by the Punjab Rented Premises Act, 2009.

21. Witnessing Tenancy Agreements:

– Q. Do tenancy agreements need witnesses?

– A. Yes, they should be witnessed.

Navigating Non-Profit Company Registration Law in Pakistan: A Comprehensive Guide

Disclaimer: The information provided here is for general guidance only and should not be considered as legal advice. For property and real estate legal advice and consulting, please contact City Laws Associates.

1. Licensing Requirements:

– Q. Does a non-profit company/organization need to obtain a license?

– A. Yes, under section 42 of the Companies Ordinance, 1984, a license from the Securities & Exchange Commission of Pakistan is mandatory before registering as a company limited by guarantee.

2. License Duration:

– Q. For how many years is the license issued?

– A. The license is issued for five years and is renewable for subsequent five-year terms.

3. Minimum Members for Association Formation:

– Q. How many members are required to form a non-profit association under the Companies Ordinance, 1984?

– A. A minimum of three members can form an association/company not for profit.

4. Multiple Objects for Non-Profit Companies:

– Q. Can a non-profit company have multiple objects?

– A. Yes, a non-profit company is allowed to have multiple objects.

5. Asset Distribution on Company Closure:

– Q. Where do assets go in case of closing a non-profit company?

– A. Upon dissolution, surplus assets or property should be transferred to another section 42 company with similar or identical objects.

6. Foreigners in Non-Profit Associations:

– Q. Are foreigners allowed to form non-profit associations/companies?

– A. There is no restriction on foreigners becoming trustees of a non-profit company.

7. License Revocation:

– Q. Can the license granted under section 42 be revoked?

– A. Yes, the Securities & Exchange Commission of Pakistan can revoke the license. The company ceases to enjoy exemptions, and notice and hearing are provided before revocation.

8. Minimum Capital Requirement:

– Q. Is there a minimum paid-up capital requirement for non-profit companies under section 42?

– A. No, a non-profit company under section 42 is not required to have a minimum authorized paid-up capital.

9. Global Activities for Non-Profit Companies:

– Q. Can a non-profit company registered under section 42 have activities outside Pakistan?

– A. The Companies Ordinance, 1984 does not prohibit activities outside Pakistan.

10. Governance Structure:

– Q. Can one person be the sole director and officer of a nonprofit company in Pakistan?

– A. No, at least three trustees are required as per the Companies Ordinance, 1984.

11. Compensation for Directors and Officers:

– Q. Can a non-profit company pay a salary to its directors, officers, and employees?

– A. Reasonable compensation for services rendered to employees is allowed, but trustees cannot draw a salary or remuneration.

12. Tax-Exempt Status:

– Q. Is a nonprofit company a tax-exempt entity, and how can it become tax-exempt?

– A. Charities can be exempt from tax on most forms of income. Exemption must be applied for separately to the Commissioner of Income Tax.

Navigating Partnership Business Registration Law in Pakistan: A Comprehensive Guide

Disclaimer: The information provided here is for general guidance only and should not be considered as legal advice. For specific legal advice related to partnerships, please contact City Laws Associates.

1. Understanding Partnership:

– Q. What is the definition of partnership under the Partnership Act, 1932?

– A. “Partnership” is a relation between persons sharing profits of a business. Individuals involved are “partners,” collectively forming a “firm,” and the business’s name is the “firm name.”

2. Rules and Registration:

– Q. What rules are framed under the Partnership Act, 1932?

– A. Provincial Governments framed rules such as Punjab Partnership (Registration of Firms) Rules, 1932, North-West Frontier Province Partnership Rules, 1932, and Sindh Partnership Rules, 1932.

– Q. Is registration of partnership compulsory?

– A. No, it’s not compulsory, but advisable.

3. Partnership Agreement and Types:

– Q. Is a written partnership agreement required?

– A. Yes, there must be an agreement between partners.

– Q. What are different types of partnerships?

– A. The Partnership Act, 1932 provides for Partnership at-will and Particular partnership.

4. Partnership Deed and Dissolution:

– Q. What is a Partnership Deed or Partnership Agreement?

– A. It’s a document defining mutual rights, obligations, and regulations among partners, signed by all.

– Q. Is the deed of dissolution required to be registered?

– A. Yes, it should be registered.

5. Partnership vs. Firm:

– Q. What is the difference between dissolution of partnership and dissolution of firm?

– A. A firm can continue after the dissolution of partnership, but dissolution of firm automatically ends the partnership.

6. General Partnership Queries:

– Q. Who can be a partner in a firm?

– A. Individuals, minors admitted to benefits, and limited companies can be partners.

– Q. Is it necessary to form a company or a partnership firm to start a new business?

– A. No, a sole proprietorship is an option.

7. Liability, Retirement, and Number of Partners:

– Q. Are partners personally liable for business debts?

– A. Yes, partners have unlimited personal liability for business debts.

– Q. What happens if the number of partners falls below two?

– A. The partnership will be dissolved.

– Q. What is the maximum number of partners in a firm?

– A. Not more than twenty.

8. Firm Name and Partnership with a Company:

– Q. Can a company be a partner?

– A. Yes, a company can be a partner.

– Q. Can a partnership firm’s name be a trademark?

– A. Yes, the firm name can be registered as a trademark.

9. Retirement and Taxation:

– Q. How can a partner retire?

– A. With the consent of all other partners or according to an express agreement.

– Q. How are partners taxed?

– A. Partners pay tax on their individual share of profit.

10. International Partners and Goodwill:

– Q. Can a foreigner be a partner in a firm?

– A. There is no restriction, subject to certain conditions.

– Q. Is goodwill included in the firm’s assets?

– A. Yes, goodwill is part of the assets.

11. Registration and Legal Remedies:

– Q. Do I need National Tax Number for my firm?

– A. Yes, every firm needs a National Tax Number for filing returns.

– Q. Who has the authority to register a partnership firm?

– A. District Registrar is the authority for registration.

12. Disputes, Unregistered Firms, and Liability:

– Q. Can a partner submit a dispute to arbitration without others’ permission?

– A. No, it requires others’ permission.

– Q. Is a suit filed by an unregistered firm maintainable?

– A. No, it is not maintainable.

13. Liability and Dissolution:

– Q. Are all partners personally liable?

– A. Yes, all partners are personally liable.

– Q. How can a firm be dissolved?

– A. By agreement, compulsory dissolution, certain contingencies, notice of partnership at-will, or court order.

14. Creating a Partnership Agreement:

– Q. What to include in a Partnership Agreement or Deed?

– A. Essential elements include the business nature, location, profit-sharing, retirement provisions, dispute resolution, and dissolution terms.

15. Banking and Dispute Resolution:

– Q. Can a partner open a bank account in his name?

– A. Implied authority doesn’t permit it. The account should be in the firm’s name.

– Q. Can a partner unilaterally submit a dispute to arbitration?

– A. No, others’ permission is needed.

16. Legal Remedies for Recovering Debts:

– Q. I’m an investor in a Pakistani firm facing issues. What legal remedies do I have?

– A. Explore both civil and criminal remedies. File a suit for recovery and a FIR for dishonored cheques.

17. Liability for Partner’s Fraud:

– Q. If a partner commits fraud, is the firm liable?

– A. Yes, the firm and all partners are liable for fraud causing losses to third parties.

18. Exiting a Partnership:

– Q. If a partner is retiring, is public notice necessary?

– A. Yes, it is mandatory if the partnership is registered.

19. Profit Sharing and Admission of New Partners:

– Q. How should partners share profits in the absence of a partnership agreement?

– A. Partners are entitled to equal shares, subject to agreement.

– Q. Can a partner introduce a new partner without others’ consent?

– A. No, all partners’ consent is required.

20. Miscellaneous Partnership Questions:

– Q. Can a firm name contain specific words?

– A. Certain words are restricted, and approval may be needed from government bodies.

– Q. Can a firm become a partner in another firm?

– A. No, a firm cannot become a partner in another firm.

Navigating Society Registration Law in Pakistan: Insights and FAQs

Disclaimer: The information provided here is for general guidance only and should not be considered as legal advice. For property and real estate legal advice and consulting, please contact City Laws Associates.

1. Purpose of Forming a Society in Pakistan:

– A society may be registered for charitable assistance, promotion of science, literature, fine arts, useful knowledge diffusion, political education, foundation or maintenance of libraries, public museums, natural history collections, and more.

2. Eligibility to Form a Society:

– “Any seven or more persons associated for any literary, scientific, or charitable purpose” can form a society by subscribing their names to a memorandum of association filed with the Registrar of Joint Stock Companies.

3. Dissolution of a Society:

– A society can be dissolved by its members, the Registrar, the Government, or the Court.

4. Signing Authority of a Registered Society:

– Documents filed with the Registrar must be signed by the President/Chairman, Secretary, or an authorized person from the governing body.

5. Disqualification for Society Membership:

– Disqualification includes being an undischarged insolvent, convicted of offences related to society management, or any offence involving moral turpitude.

6. Quorum Requirement for Society Meetings:

– The quorum is the minimum number of members required for a valid meeting, as specified in the organization’s bye-laws.

7. Considerations for Proposing a Society Name:

– The proposed name should avoid connections with the government, similarity to existing registered societies, and implications of obscenity or indecency.

8. Amendments to Rules, Regulations, and Memorandum:

– Registered societies can make amendments by submitting applications with the approval of the Registrar as per the bye-laws.

9. Appointment of Foreigners as Executive Committee Members:

– While there is no legal bar, foreign nationals are generally discouraged from being appointed as committee members.

10. Books of Accounts for Societies:

– Maintain cash books, bank books, voucher files, ledgers, and receipt books for proper financial record-keeping.

11. Tax Exemption for Registered NGOs/NPOs:

– Registration under the Societies Registration Act, 1860 does not automatically grant tax exemption. Organizations must meet certain requirements and apply to the Commissioner of Income Tax for exemption.

Navigating the Legal Landscape of Trademark Registration and Infringement Law: A Comprehensive Guide

Disclaimer: The information provided is not exhaustive, and users are advised to seek independent professional advice before acting on anything contained herein. City Laws Associates will not take any responsibility for the consequences of errors or omissions.

1. The Regulatory Framework:

– Q. What is the law that regulates trademarks in Pakistan?

– A. In Pakistan, trademarks are governed by the Trademarks Ordinance, 2001, extending to the entire nation.

2. Defining Trademarks:

– Q. What is a Trademark?

– A. A trademark is a distinguishing mark used to differentiate goods or services of one business from others. It includes unique words, letters, numerals, drawings, pictures, shapes, colors, logotypes, labels, or combinations.

3. Trade Name vs. Trademark:

– Q. What is the difference between a trade name and a trademark?

– A. A trade name identifies a business (e.g., “Syed Bhais (Pvt.) Limited”), while a trademark distinguishes the products (e.g., “Syed Bhais” and the logo “SB”).

4. Protection of Company Name:

– Q. Is a company’s name automatically protected as a trademark by registering with the Securities & Exchange Commission of Pakistan?

– A. No, registering the business and trade name doesn’t protect it as a trademark. Trademarks require a separate registration.

5. Coined Words and Trademark Ownership:

– Q. What is a Coined Word?

– A. Coined words are invented words without inherent meaning, such as “Bhais” in “Syed Bhais,” offering easy protection due to their uniqueness.

6. Eligibility for Trademark Application:

– Q. Who is authorized to apply for trademark registration?

– A. Any person, including individuals, firms, companies, or organizations, intending to use a trademark, can apply for registration.

7. Mandatory Registration for Trademarks:

– Q. Is it compulsory to register a company’s trademark?

– A. It is not mandatory but highly advisable to secure exclusive rights.

8. Trademark/Brand Name Search:

– Q. What is a trademark/brand name search, and is it necessary?

– A. It is advisable to conduct a search to ensure the intended trademark is not already registered.

9. Duration of Trademark Protection:

– Q. For how long is a registered trademark protected?

– A. Trademarks are protected for ten years from the filing date and can be renewed every ten years.

10. Understanding Service Marks:

– Q. What are service marks?

– A. Service marks distinguish services and cover a wide range of industries according to the Trademarks Ordinance 2001.

11. Collective Marks and Certification Marks:

– Q. What are collective marks and certification marks?

– A. Collective marks distinguish goods/services of association members, while certification marks indicate certified origin, quality, etc.

12. Registration of Advertising Slogans:

– Q. Can advertising slogans be registered as trademarks?

– A. Yes, advertising slogans can be registered.

13. Licensing and Selling Trademarks:

– Q. Can trademarks be licensed or sold?

– A. Yes, trademarks can be licensed or sold independently from the business.

14. Offenses Related to Trademark Misrepresentation:

– Q. Is misrepresenting a trademark’s registration status an offense?

– A. Yes, portraying a false registration status is an offense.

15. Penalty for False Trade Description:

– Q. What is the penalty for applying a false trade description?

– A. Penalties include imprisonment or fines, with subsequent convictions leading to enhanced penalties.

16. Commencement of Trademark Use:

– Q. Should I wait for registration to use a trademark?

– A. You can start using a mark irrespective of filing or registration.

17. Rights for Unregistered Marks:

– Q. If I’ve been using a mark for years but not registered, do I have rights?

– A. Unregistered marks have rights of passing off but registering provides legal certainty.

18. Understanding Trademark Infringement:

– Q. What is trademark infringement?

– A. Infringement occurs when someone uses an identical mark for identical goods or services without authorization.

19. Exceptions to Trademark Infringement:

– Q. When is a trademark not infringed?

– A. A trademark is not infringed when used in good faith, and disclaimed parts aren’t used.

20. Remedies for Trademark Infringement:

– Q. What actions are available for trademark infringement?

– A. Civil and criminal remedies include damages, injunctions, and other available property rights.

21. Importation of Infringing Goods:

– Q. What remedies are available for importing infringing goods?

– A. Infringing goods can be treated as prohibited, and the Customs authorities can be notified.

22. Rights for Unregistered Marks:

– Q. Do unregistered marks have any rights?

– A. Unregistered marks have rights of passing off but can’t file an action for infringement.

23. Cancellation of Trademark on Non-Use:

– Q. Can a trademark be canceled for non-use?

– A. Yes, trademarks can be canceled on non-use.

24. International Trademark Treaties:

– Q. Which international trademark treaties is Pakistan a signatory to?

– A. Pakistan is a signatory to the Paris Convention and Agreement on TRIPS.

25. City Laws Associates Services:

– A. City Laws Associates provides services for trademark registration, brand name registration, logo registration, trademark search, litigation services, passing-off cases, and drafting trademark license and franchise agreements.

NPO & NGO Registration Law in Pakistan

City Laws Associates provides comprehensive legal services to non-profit organizations and associations in the Islamic Republic of Pakistan. We provide services to businesses, institutions, educational, social, religious, individuals and families seeking to accomplish non-profit objectives.  In Pakistan there are numbers of laws for registration of non-profit organizations including the prominent Acts and Ordinances as The Societies Registration Act, 1860, The Trusts Act, 1882, Registration of non-profit Companies under section 42 of the Companies Ordinance, 1984, The Co-operative Societies Act, 1925, Trade Organizations Ordinance, 2007, Non-Profit Public Benefit Organizations (Governance and Support) Act, 2003, Mussalman Waqf Act, 1923, Charitable Endowments Act, 1923.

City Laws Associates offers a broad spectrum of legal services to NPO’s in Pakistan including following:

• Registration of Non-profit Organizations/Non-Governmental Organizations
• Preparation of documents
• Advising non-profit board members of their duties & responsibilities
• Advising individuals and entities with respect to charitable giving matters
• Advising NPO’s in obtaining tax exemptions
• Representing & defending all types of NPO’s in mediation, arbitration, litigation & similar matters
• Advising on real estate transactions, environmental etc. issues
• Advice NGO’s in their fund raising efforts
• Advising on Intellectual property issues, applying for and protecting copyrights or trademarks and obtaining licenses to use copyrighted materials
• Drafting of employment agreements
• Dissolution of NPOs/NGOs

You may also want to review details pertaining to:

• FAQs: Registration of a non-profit (NPO / NGO) under Societies Act, 1860
• FAQs: Registration of a non-profit (NPO / NGO) under Companies Ordinance, 1984
• Laws related to NGO’s/NPO’s in Pakistan

Please contact City Laws Associates for advice on which type of NGO / NPO best suites your needs.

Patent & Design Registration Laws in Pakistan: Safeguarding Innovation

Disclaimer: The information provided is for general understanding and informational purposes. It is not legal advice and should not be considered as such. For specific legal guidance, consult with legal professionals.

A patent is a powerful legal instrument that grants exclusive rights to inventors, providing them with the authority to make, use, and sell their inventions for a designated period, typically 20 years. This exclusive grant prohibits others from unauthorized production, utilization, or sale of the patented invention. It is essential to note that patent protection commences upon the actual grant of the patent, and it cannot be secured for mere ideas or suggestions.

Services Offered by City Laws Associates:

1. Patent Prosecution:

– Expert assistance in preparing and filing patent applications.

– Guidance through the process of patent prosecution to secure effective protection.

2. Patent Searches:

– Conducting comprehensive patent searches to assess the novelty and uniqueness of inventions.

– Providing insights into existing patents to avoid infringement.

3. Oppositions:

– Handling opposition proceedings to address conflicts and protect the rights of patent holders.

– Offering legal representation in opposition cases.

4. Patent Monitoring:

– Ongoing monitoring of patents to stay informed about developments in relevant industries.

– Timely identification of potential infringements.

5. Petitions for Extension:

– Drafting and filing petitions for the extension of the term of patents.

– Ensuring compliance with legal requirements for extension.

6. Restoration Applicants:

– Assisting restoration applicants for lapsed patents.

– Navigating the restoration process to reinstate lapsed patents.

7. Licensing:

– Drafting and negotiating licensing agreements for patented inventions.

– Ensuring clarity on terms and conditions to avoid disputes.

8. Registration of Assignments:

– Facilitating the registration of assignments, transmissions, and other patent-related transactions.

– Ensuring legal formalities are met for effective registration.

9. Infringement Actions:

– Initiating and managing infringement actions to protect the rights of patent holders.

– Pursuing legal remedies against unauthorized use or reproduction.

Consult City Laws Associates for Comprehensive Patent Solutions:

For inventors and innovators seeking professional assistance in patent and design registration, City Laws Associates offers tailored services. Contact us for detailed consultation and personalized solutions to meet your specific needs.

Power of Attorney Law in Pakistan : A Comprehensive FAQ Guide

Under the normal circumstances for the purposes of legal process or to perform the legal duties or to transact in any other manner, person himself and if he is not in a position to do so may authorize anybody to act on his behalf. In first instance the person who gives right to the other to perform duty on his behalf is called “Principal” and the person to whom the authority is given is called “Attorney”. The Principal may authorize the Attorney not to pursue his cases only but also to compromise or settle the matters on his behalf. In these circumstances all the acts performed by the Attorney will be deemed to be performed by the Principal who will be responsible for the acts done by the Attorney as he has done them himself.

There are two kinds of Power of Attorneys: General Power of Attorney and Special Power of Attorney.

General Power of Attorney:

means that Attorney may perform more than one job on behalf of the Principal and all his acts will be binding on the Principal as done by him and under his authority.

Special Power of Attorney:

is for only a specific purpose which is explained in that deed of Special Power of Attorney.

It is relevant to mention here that power of attorney either General or Special given by the Principal to the Attorney must be in writing and it cannot be given orally. If Power of Attorney is for any immovable property, sale or for mortgage then it should be registered under section 17 of the Registration Act, 1908.

Power of Attorney should be attested:

All the documents written as a Power of Attorney should be authenticated by a Notary Public, any Court, Judge, Magistrate, Pakistan Consul or Vice-Consul, or representative appointed by the Federal Government, and then it will be presumed correct.

Necessary requirements of Power of Attorney:

Every Pakistani citizen who is a major, adult and according to law is competent to enter into a contract whether resides in Pakistan or outside Pakistan may authorize any other person through power of attorney to act on his behalf. If power of attorney is executed outside the country then Pakistani Embassy or consulate’s authorized officer will verify it and if the power of attorney relates to transfer of property then it should be registered in Pakistan with the concerned registrar.

Power of Attorney in Civil Cases:

Civil cases can be pursued through power of attorney i.e. to appear in the court, to move application and to proceed in the matter. In civil cases the Attorney can do each and every act on behalf of the Principal. Service of summons/notices of the court on the Attorney will be presumed to be service on the Principal. For all these matters no court will allow the Attorney to act on behalf of the Principal unless Power of Attorney is there.

Civil and Criminal liabilities of Principal and Attorney:

Civil liability of Principal; if in performance of acts according to the power of attorney the third party suffers a loss then the Principal will be responsible subject to authorizing for the same act in the power of attorney. Civil liability of Attorney; in case of any action for which he is not authorized he will be responsible for the losses occurred to the third party on the basis of such act.

Criminal liability of Principal and Attorney:

Criminal liability of Principal; under normal circumstances the Principal will not be responsible for the criminal acts of the Attorney. Criminal responsibility of the Attorney; if Attorney is found guilty of breach of trust then he can be preceded under section 406 and 409 of Pakistan Penal Code and be punished.

Cancellation of Power of Attorney:

The Principal can cancel the Power of Attorney whether general or special at any time or in case of death of Attorney or the Principal, it will be cancelled automatically. In the first instance, concerned Registrar where Power of Attorney is registered will cancel it and it will also be published in a newspaper. Power of Attorney will also be cancelled if the job/assignment for which it was given is completed.

Power of Attorney:

1. What is Power of Attorney?
2. Power of Attorney is a legal instrument/document by which another person is authorized by the maker to act on his behalf.
3. What is the difference between “General Power of Attorney” and “Special Power of Attorney”?
4. In General Power of Attorney power is given to the attorney to do more than one act, while in Special Power of Attorney power is given to do only one act.
5. Under what circumstances does a General Power of Attorney become null and void?
6. General Power of Attorney gets cancelled on the death of the Principal or Attorney or when principal cancels it.
7. Is photocopy of power of attorney is as authentic as original?
8. No. Photocopy produced in the absence of an original will not be taken into consideration.
9. Can I appoint more than one person as Attorney through a single deed in Power of Attorney?
10. Yes.
11. Two attorneys were appointed to act jointly, one dies, can the other act alone?
12. Where two attorneys were appointed to act jointly and one of them dies, the survivor cannot act alone.
13. Does a Power of Attorney require attestation by witnesses?
14. Yes, Power of Attorney to be attested by witnesses.
15. Can an attorney be fired?
16. Yes, the Principal may revoke or fire Attorney any time.
17. Can an Attorney is compensated for his/her work?
18. Yes, if so agreed by the Principal and Attorney.
19. Can an attorney be held liable for his/her actions?
20. Yes, but only if he/she acts with willful misconduct or gross negligence.
21. My uncle is mentally incapacitated; can he create a Power of Attorney?
22. A mentally incapacitated person cannot create a power of attorney he must know and understand what he is doing.
23. How do I select an agent for a Power of Attorney?
24. You should choose someone whom you trust fully. He/she can be your family member or a friend. Certainly, you should never give a power of attorney to someone you do not trust fully.
25. Can a company (private or public limited) grant Power of Attorney?
26. Yes, as company is a legal person, and if authorized by Memorandum and Articles of Association can grant power of attorney.
27. What are the precautions one must take when giving a general power of attorney?
28. Whenever power of attorney is given by you, he should be trustworthy person. Power of attorney is almost like signing a blank cheque and should be given only where it is absolutely necessary and there is no alternative.
29. I gave a Power of Attorney to my relative, can I still make any decision for myself?
30. The attorney is only your representative if you intend to do anything yourself you are fully competent for the same, even there is an attorney appointed by you.
31. Is attorney answerable to Principal?
32. Yes, attorney/agent is answerable to principal.
33. What does Irrevocable Power of Attorney mean?
34. If the Power of Attorney is executed for consideration then it cannot be unilaterally revoked.
35. Can all Power of Attorneys be revoked?
36. No, only those which are without consideration.

You can contact City Laws Associates for detailed consultancy and advice relating to Power of Attorney.

Private Security Company Law in Pakistan: A Comprehensive Overview

Disclaimer: This information is intended for general understanding and should not be considered legal advice.

Introduction:

The establishment and operation of private security companies in Pakistan are governed by specific legal requirements. Understanding the key aspects of this legal framework is essential for individuals or groups intending to establish such companies.

Legal Requirements:

1. Permission from Interior Ministry:

– Before commencing operations, private security companies must obtain prior permission from the Interior Ministry of Pakistan.

– An administrative order issued by the Ministry of Interior in 1988 outlines the operational guidelines for private security companies.

2. Registration with SECP:

– Private security companies are required to register themselves with the Securities & Exchange Commission of Pakistan (SECP) under the Companies Ordinance, 1984.

– Individuals or groups intending to establish a private security company can approach the SECP in Islamabad or provincial capitals to initiate the incorporation process.

3. Incorporation Process:

– After meeting legal formalities for incorporation, the SECP registers the private security company.

– Nine complete sets of documents, along with subscribers’ bio data, attested photographs, and financial statements, are sent to the Ministry of Interior for the issuance of a No Objection Certificate (NOC).

– The NOC issuance process by the Ministry of Interior typically takes three to four months but may be extended.

4. Provincial Licensing:

– For operations within a specific province, private security companies need to seek a license from the concerned Home Secretary.

– Provincial ordinances and rules regulate the affairs of private security companies, and they are required to function within the framework set by the respective provinces.

5. Uniform Regulations:

– The uniform worn by private security company guards must not resemble those of the Pakistan Armed Forces or other law enforcement agencies.

Important Notes:

– The information provided is a general overview and not exhaustive.

– Specific details relevant to individual circumstances may not be covered.

– These notes are intended for general guidance and should not substitute thorough and professional legal advice.

Note: Legal provisions may undergo changes, and it is advisable to consult the latest laws or seek professional legal advice for accuracy.

Property & Real Estate Law in Pakistan:

A Comprehensive FAQ

City Laws Associates is involved in providing services and assistance to our valued clients in buying and selling of both movable and immovable properties & real estate in Pakistan. We also provide our services to facilitate the required permissions, etc. for setting up various industries, factories, commercial complexes, industrial and residential estates, etc. across Pakistan.

City Laws Associates offers a broad spectrum of services in property & real estate in Pakistan including following:

• Investigate & verify title documents of the property
• Investigate & verify mutation in favor of the vendor
• Obtain a fresh copy of Fard (فرد) from relevant sub-registrar
• Obtain a certified copy of Aks-Shajra (map)
• Obtain a certified copy of Tatima/Supplementary Map of the property
• Demarcation details
• Drafting of the documents
• Registration of conveyance deed
• Transfer of title
• Entries in relevant government record
• Obtain a NOC, if necessary
• Verification of the Power of Attorney of the vendor, if any
• Verification of other documents e.g lease deeds, mortgage deeds, gift deeds etc., if any

Disclaimer: The information provided here is for general guidance only and should not be considered as legal advice. For property and real estate legal advice and consulting, please contact City Laws Associates.

1. Aks-Shajra and Fard Malkiat:

– Q. What is Aks-Shajra?

– A. Aks-Shajra is an image of a specific piece of land, defining its boundaries on a map or plan of an estate or village.

– Q. What does Fard Malkiat mean?

– A. Fard Malkiat, also known as Record of Rights, maintains records of various property rights in immovable property.

2. Mutation and Tattima Registry:

– Q. What is Mutation (Intiqal)?

– A. Mutation is an order by a revenue officer to alter an entry in the record of rights for a property.

– Q. What does Tattima Registry mean?

– A. Tattima Registry is a supplementary sale deed in a specified area.

3. Khasra and Khasra Gardwari:

– Q. Define Khasra.

– A. Khasra is a piece of land with specific measurements and a number.

– Q. What is Khasra Gardwari?

– A. Register Kharsa Gardwari is maintained for recording possession/cultivation details.

4. Survey and Conveyance Deed:

– Q. What is a Survey?

– A. A survey is a map showing legal boundaries, property features, and physical features.

– Q. Is Mutation a title document?

– A. No, Mutation is not a title document.

– Q. What is a Conveyance Deed or Sale Deed?

– A. A Conveyance Deed transfers property ownership from a seller to a buyer.

5. Legal Safety Precautions for Property Buyers:

– Q. What precautions should be taken before buying property in Pakistan?

– A. Thoroughly investigate the title, obtain original title documents, check mutation, and ensure a registered power of attorney if applicable.

6. Real Estate Laws in Pakistan:

– Q. What laws deal with real estate in Pakistan?

– A. The Transfer of Property Act, 1882, Land Revenue Act, 1967, Stamp Act, 1899, and Registration Act, 1908.

7. Buying Property by Companies and Foreigners:

– Q. Can corporate bodies use residential properties as office space?

– A. It is illegal. Service-based industries may operate from residential areas.

– Q. Can foreigners buy property in Pakistan?

– A. Yes, after completing legal formalities.

8. Inheritance Laws and Transfer of Property:

– Q. What inheritance laws apply in Pakistan?

– A. Depends on religious affinities. Muslims follow Personal Laws, others follow their respective personal laws.

– Q. Is the transfer of every immovable property registered in Pakistan?

– A. Yes, for properties valued at Rs 100 or more, a registered sale deed is necessary.

9. Power of Attorney and Ownership Documents:

– Q. What is Power of Attorney?

– A. Power of Attorney is authority given to an agent for various acts, either general or specific.

– Q. Can the person holding Power of Attorney transfer property in his name?

– A. No, a person with Power of Attorney acts on behalf of the principal.

– Q. Can I revoke my Power of Attorney?

– A. Yes.

– Q. When does a Power of Attorney get cancelled?

– A. Automatically on the death of the principal or when cancelled by the principal.

10. Essential Documents for Property Ownership:

– Q. What documents are required to legally own a house?

– A. Deed verifying transfer (sale deed, allotment letter, sale certificate).

11. Buying a Flat under Construction:

– Q. What papers should I check when buying a flat under construction?

– A. Approved plans, land ownership, building bylaws compliance, and specifications in the agreement.

12. Gift, Will, and Stamp Duty:

– Q. What are the essentials of a Gift?

– A. Offer by the donor, acceptance by the donee, and delivery of possession.

– Q. Is a Gift revocable?

– A. Yes, except when made to a person in a prohibited degree.

Q. What are the distinguishing features of a Gift from a Will?

– A. Gifts are effective in the lifetime, while wills take effect after death.

13. Property Transfer and Stamp Duty:

– Q. Can immovable property be sold while mortgaged?

– A. No, immovable property cannot be sold.

14. Legal Verification before Property Purchase:

– Q. What documents should one check before buying property?

– A. Approved layout and building plans, ownership documents, deeds of title, encumbrances, and tax receipts.

15. Approved Building Plan:

– Q. How to get an approved building plan, and why is it necessary?

– A. An approved building plan is obtained from the concerned Building Control Authority before construction to avoid violations.

16. Land Record Maintenance and Co-sharer Selling:

– Q. Who maintains land records in Pakistan?

– A. District administration revenue department.

– Q. Can a co-sharer sell the property?

– A. Yes, but only to the extent of their share unless explicitly consented by other co-sharers.

17. Drafting Sale Deed and Safety Measures:

– Q. Whether a sale deed drafted by a non-specialist is reliable?

– A. No, a sale deed must be drafted by a lawyer with knowledge of relevant property laws.

– Q. What safety precautions should be taken before buying property?

– A. Investigate title, obtain original documents, check mutation, and ensure necessary legal compliance.

Please do not hesitate to contact us for any property or real-estate related legal services in Pakistan.

Single-Member Company Law in Pakistan:

Frequently Asked Questions on Single Member Company in Pakistan:

1. Can Single Member Company be converted into private company?
2. Yes, a single member company can be converted into a private company on increase of the number of its members/directors to more than one. A private company having two or more members can become a single member company by passing a special resolution for change of its status and by making necessary alteration in its articles and obtaining approval from the Securities & Exchange Commission of Pakistan.
3. Can single member company issue shares to public?
4. No, single member company cannot issue invitation to the public to subscribe for any share of the company.
5. Can sole director in single member company act as secretary?
6. Sole director cannot be the secretary in the Single Member Company.
7. I want to wind up single member company what procedure to follow?
8. The company shall follow, in case of its winding up, the relevant provisions of the Companies Ordinance, 1984.
9. Is it mandatory in single member company to appoint nominee director?
10. The single member shall nominate two individuals, one of whom shall become nominee director in case of death of single member and the other shall become alternate nominee director to work as nominee director in case of non-availability of the nominee director.
11. What is the pattern and style of the name of a single member company?
12. “XYZ (SMC-Private) Limited” is the pattern and style of the name of a single member company.
13. Can single member company increase its share capital?
14. Yes, single member company can increase its share capital after complying with the requirements of law.
15. Can one person be the sole director in a non-profit company incorporated under section 42 of the Company law in Pakistan?
16. Non-profit companies are formed under section 42 of the Companies Ordinance, 1984 and require having at least three directors.
17. Do single member companies have to keep accounting records?
18. Yes. Single member companies must keep proper accounting records according to law and to file the audited accounts with Securities & Exchange Commission of Pakistan if the paid-up capital is 7.5 million or more.
19. Can foreigner incorporate a single member company under company’s law in Pakistan?
20. Yes, if he is resident of Pakistan.

City Laws Associates can advice you on registration of Single-Member Company and other related matters to individuals, firms, companies both local and foreign. You can contact City Laws Associates for detailed consultancy and advice.

Trademark Registration Law in Pakistan: Safeguarding Brand Identity

Disclaimer: The information provided is for general understanding and informational purposes. It is not legal advice and should not be considered as such. For specific legal guidance, consult with legal professionals.

A trademark is a unique and recognizable sign that distinguishes products or services of one entity from those of others. It can take various forms, including names, logos, labels, and more. Trademarks play a crucial role in establishing brand identity, fostering consumer trust, and protecting businesses from unfair competition.

Services Offered by City Laws Associates & Associates:

1. Advise on Registrability:

– Expert guidance on the registrability of trademarks.

– Assessing the eligibility and viability of trademarks for registration.

2. Trademark Search:

– Conducting thorough trademark searches to identify potential conflicts with existing trademarks.

– Preparing for the registration process by ensuring uniqueness.

3. Filing and Prosecution:

– Handling the filing and prosecution of trademarks, service marks, collective marks, and certification marks applications.

– Navigating the registration process with precision.

4. Opposition Procedure:

– Managing opposition procedures in case of any challenges to trademark applications.

– Providing legal representation to address oppositions effectively.

5. Slogan Registration:

– Filing and prosecuting slogan registration applications.

– Ensuring comprehensive protection for brand elements, including slogans.

6. Trade Names Publication:

– Initiating trade names publication requests for broader protection.

– Enhancing the scope of trademark protection.

7. Renew Registrations:

– Assisting in the renewal of trademark registrations.

– Ensuring continuous and uninterrupted protection.

8. Investigating Trademark Infringements:

– Conducting thorough investigations into trademark infringements.

– Identifying and addressing potential infringements promptly.

9. Enforcing Trademark Rights:

– Offering legal counsel on trademark rights enforcement.

– Taking necessary legal actions against infringers to protect brand integrity.

10. Drafting License Agreements:

– Drafting comprehensive license agreements for the authorized use of trademarks.

– Defining terms and conditions to maintain brand consistency.

11. Legal Representation in Trademark Disputes:

– Providing complete legal representation before courts in trademark disputes.

– Pursuing effective resolutions for trademark-related issues.

Consult City Laws Associates & Associates for Comprehensive Trademark Solutions:

For businesses seeking professional guidance in trademark registration and protection, City Laws Associates & Associates offers a complete range of services. Contact us for a detailed consultation to safeguard your brand identity and navigate the complexities of trademark law.

Understanding Dishonoring of Cheques in Pakistan

Disclaimer: The information provided here is for informational purposes only and does not constitute legal advice.

Introduction:

A dishonored cheque, one that is refused payment by the bank due to insufficient funds or non-compliance, is a serious matter in Pakistan. Dishonestly issuing a cheque is considered a criminal offense and is governed by Section 489-F of the Pakistan Penal Code, 1860.

Legal Framework:

Section 489-F outlines the offense of dishonestly issuing a cheque for repayment of a loan or fulfillment of an obligation, which is subsequently dishonored upon presentation. The section stipulates the following:

489-F Dishonestly issuing a cheque:

Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonored on presentation shall be punishable with imprisonment, which may extend to three years, and with a fine, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honored and that the bank was at fault in not honoring the cheque.

Key Points:

1. Nature of Offense:

– Dishonestly issuing a cheque with the intent of re-payment or fulfilling an obligation.

– Offense is triggered when the cheque is dishonored upon presentation.

2. Penalties:

– Punishable with imprisonment, with a maximum term of three years.

– A fine may also be imposed on the offender.

3. Burden of Proof:

– The burden of proof rests on the accused to establish that arrangements were made with the bank to ensure the cheque’s honor.

– The accused must demonstrate that the bank was at fault for not honoring the cheque.

4. Legal Status:

– The offense is cognizable by the police.

– Non-bailable, meaning the accused may not be released on bail.

– The offense is compoundable, allowing for settlement between the parties.

5. Legal Considerations:

– Each case is unique, requiring examination based on its specific facts and circumstances.

– Legal proceedings may involve recovery of debt, issuance of legal notices for cheque dishonor, lodging of First Information Reports (F.I.R.), and other related matters.

1. Conditions for Offence:

– Q. What are the conditions that make dishonoring a cheque an offence in Pakistan?

– A. Dishonoring becomes an offence when a cheque is issued dishonestly from one person to another.

2. Exceptions to Offence:

– Q. In what circumstances is dishonoring a cheque not an offence in Pakistan?

– A. Dishonoring is not an offence if the signatory has arrangements with the bank to ensure the cheque’s honor, and the bank is at fault.

3. Penalty for Dishonoring:

– Q. What is the penalty for dishonoring a cheque in Pakistan?

– A. Dishonestly issuing a cheque is both a civil and criminal offence, punishable by imprisonment up to three years and a fine.

4. Legal Action for Insufficient Funds:

– Q. What legal action can be taken when a cheque is dishonored due to insufficient funds?

– A. Lodge a First Information Report (FIR) against the signatory and simultaneously file a civil suit. Both criminal and civil proceedings can run simultaneously.

5. Recovery from a Company:

– Q. I have a dishonored cheque from a company; is there a remedy to recover my amount?

– A. Lodge an FIR against the signatory and file a civil suit. Criminal and civil proceedings can proceed concurrently.

6. Proclaimed Offender Scenario:

– Q. The defaulter in our case is untraceable after being declared a proclaimed offender. What can we do?

– A. Proceed with the evidence in court, even in the defendant’s absence. Simultaneously, file a civil suit for recovery on the last known address.

7. Jurisdiction for FIR:

– Q. After a cheque dishonor, where should I lodge an FIR – at the place of the bank or where the cheque was handed?

– A. Lodge an FIR where the cheque was dishonored or where the accused carries out their business, depending on the case’s circumstances.

8. Liability in a Dissolved Firm:

– Q. A partnership firm issued a dishonored cheque, but now it’s dissolved. Do I have any remedy?

– A. On the civil side, all partners are jointly liable. On the criminal side, only the partner who issued the cheque can be prosecuted.

9. Liability of Partners in a Firm:

– Q. In a partnership, if two partners sign and issue a cheque, are all partners liable for an offence?

– A. Only the person who issued the cheque will be prosecuted. On the civil side, all partners are jointly and severally liable.

10. Offences by Companies:

– Q. What about offences by companies in Pakistan?

– A. If a cheque is issued dishonestly, both the signatory and the CEO of the company will be prosecuted.

City Laws Associates can provide advice on cheque bouncing, debt recovery, legal notices for cheque dishonor, FIR lodgment, and related matters. For detailed consultancy and advice, Please contact City Laws Associates.

6. Legal Considerations:

– Each case is unique, requiring examination based on its specific facts and circumstances.

– Legal proceedings may involve recovery of debt, issuance of legal notices for cheque dishonor, lodging of First Information Reports (F.I.R.), and other related matters.

City Laws Associates Services:

– City Laws Associates provides comprehensive legal advice on matters related to cheque bouncing, debt recovery, and legal proceedings.

– Consultancy services extend to individuals, firms, and both local and foreign companies.

Note: Legal provisions may undergo changes, and it is advisable to consult the latest laws or seek professional legal advice for accuracy.