Change in Name Clause - Overview
Name of the Company is its identity throughout its span of life should be thought well before and shall be constructed in such a manner that can stay sustainable with the future growth in Company
The naming process for the Company is regulated by the Companies Act, right from choosing it to any changes or alterations made thereafter.
Change in Name Clause online India can be done by passing a special resolution in a board meeting. The Company's name change process is processed and approved by MCA under Section 13, of companies, act. Once MCA gives its approval for the name change in the memorandum of association and in the article of association is also mandatory.
Documents Required For Registration
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Guidelines as per Companies Act While Naming The Company
MCA ensures the name applied doesn't resemble the name already registered as a company or trademark. Mere joining the separate words or using the plural version of the existing name doesn t make it unique.
MCA restricts the names which are too general, such as Cotton Company Private Limited
The name of the Companies cannot start with the name of the person, for instance, Ankita Private Limited.
The proposed name shall be undesirable if it violets the following conditions:
• Violets Emblem & Name Act
• Violates Trademark
• Includes offensive or misleading words
The name selected for the Company shall align with the objects of the Company.
If the Company is incorporated to engage in the business of providing financial services such as chit fund, financing, leasing, etc. shall indicate such activities in its name.
The name shall not include the words that indicate any constitution or any legal person such as, LLP, Trust, HUF, etc.
The last words of a Private Company shall end with Private Limited, One Person Company with OPC Private Limited, and the Public Company shall end with the word Limited.
Process To Register
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Procedure of Change Name of Company
- Check the availability of the name
- Apply online to obtain the Name Approval
- Conduct EGM or Extra-Ordinary General Meeting
- Filing with ROC
- Approval from Central Government
- New Certificate of Incorporation
Restrictions on Change Name of Company
A company that has defaulted to file an annual return on time
The Company which has failed to repay the matured deposit
A company that has defaulted in repaying matured debentures
Company has not paid or default in paying the interest on deposit or debentures
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