Sangeetha Tax Consultancy

Change in Name Clause

The name of the company is the identity of the business, and one must think twice before naming it; if not, no matter what, the name of the company can be changed. Change in Name Clause online in 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 the Companies act. You focus on the development of your business, and we - the sangeethatax expert team, are here to take care of all these proceedings legally.

Name of the Company - An Identity of the Business

Name of the Company is the identity of the business throughout its run or time, hence it should be thought well before registering in such a manner that the name of the company can stay sustainable with the growth and the development of the Company. The naming process for the Company is regulated by the Companies Act, right from choosing it to any changes or alterations made thereafter. Certain do's and don'ts while choosing the procedure to change the name are completely explained in this article.

Mentioned below is the step-by-step procedure to change the name of the Company:

Conduct General Board Meeting:
The name of the company which is proposed shall be discussed by the directors of the entity. Notice of 7 days is sent to the directors to carry the board meeting of the directors to pass the needed resolution for the approval to change the name of the company. Following are the necessary resolutions which are passed in a board meeting:

To authorize the Director or Company Secretary to apply ROC to confirm whether that particular name is available or not.
To fix the time, date and venue to held EGM for the approval of the new name and once it is approved, the alteration in MOA is done. The Company should make sure that no two companies can be registered with a similar or same name.

Guidelines under the Companies Act during the process of Naming the Company

Companies Act 2013 specifies the terms and conditions related to naming the Company,
whether it may be Private Limited or Public Limited or OPC. The company should follow
the conditions mentioned below while choosing the name for the Company:
MCA checks the name proposed does not resemble any of the names which are already
Registered as a trademark or company. Just joining the separate words together or
changing the name into its plural version doesn’t make it unique.
MCA restricts the applied names which are too common or general, such as Wood Company Private Limited.
The name of the Company must start with a person's name, such as Lalitha Private Limited.
The applied name shall be unsuitable if it violates the following terms:
Violates Emblem & Name Act
Violates Trademark
Includes misleading words or offensive
The name selected by the Company shall be adjusted to match the objects of the Entity.
If the Company is registered to engage in the business-related financial services such as financing, chit, fund, leasing, and so on. shall mention such activities in the name of the company.
The name of the company should not include words that point to any constitution.
Legal person, for instance, LLP, HUF, Trust, etc.
The last words of a One Person Company with OPC Private Limited, a Private Company
Shall end with Private Limited, and the Public Company shall end with the word Limited.

Frequently Asked Questions

Is there any form by which name can enforced consolidate like in SPICe form. +

No, the name has to be allowed in case of change of name of an existing Company via RUN only. What if in case of any reason the reserved company name gets expired. The name has to be re-registered. Further, it is recommendable to add the previous name approval letter which got expired.

Can the name approval letter be affirmed after the expiry of the time limit to submit a resolution with ROC? +

Name approved by ROC shall be valid for 20 days within which the special resolution should be passed and filed otherwise approval letter becomes void.

What can be the reasons in a general meeting for a name change? +

The Company generally undergoes changing its name for the following general factors: If the Company changes its business activity A company, to reflect the brand it deals with shall be willing to change the existing name to reflect the brand it deals with In cases, if the government orders to change the name

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