+91 98713 66293

COMPANY NAME CHANGE

The reason for a change of name of the company can be many, such as new branding plan, mergers and amalgamation, a shift in business activity etc.; However, the procedure shall be adopted similarly in all cases. The companies act, 2013 and the rules there under have laid down a clear & non-ambiguous method to change the name of a company. As the name of the company is mentioned on the MOA, AOA, Pan card, Tan Number, GST Registration, etc.; after its change, the same must also be altered.

 


COMPANY NAME CHANGE


Criteria for Reservation of name


As per Section 4(4) of the Companies Act, 2013., A person (an applicant) may make an application to the Registrar of Company (ROC) for the reservation of name of the Company as set out in the application, as –

a) The name of the proposed Company; or

b) The name to which the Company proposes to change its name

MANNER OF MAKING APPLICATION FOR RESERVATION OF NAME :


As per rule 9 of Company (Incorporation) Rules, 2014: An application for Reservation of Name shall be made to Registrar of Company (ROC), through the web service i.e., www.mca.gov.in by using web service SPICe+ (Simplified Proforma for Incorporating Company electronically Plus : Form INC-32),

CHANGE OF NAME


An application for Change of Name shall be made through the web service i.e., www.mca.gov.in by using web service RUN (Reserve Unique Name).

Fees :
An application for Reservation/ Change of Name shall be made along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014, i.e., ₹ 1000/-





Time limit for Reservation of Name of Company by Registrar of Company(ROC):

As per Section 4 of the Companies Act 3:

Upon receipt of an application as per above the Registrar of Company(ROC), may, on the basis of information and documents furnished along with the application, reserve the name as follows:- a) In Case of New Company- For a period of 20 Days from the date of the application. b) In Case of Existing Company- For a period of 60 Days from the date of the application.



PROCEDURE FOR CHANGE OF THE NAME OF COMPANY:




STEP – I:
Convey Board Meeting of Directors:
(As per section 173 and SS-1)


• Issue Notice of Board Meeting to all the directors of company at least 7 days before the date of Board Meeting.

• Attach Agenda

• Notes to Agenda

• Draft Resolution

STEP – II:
Held Board Meeting:
(As per section 173 and SS-1)


• Proposed new names for the company.

• Pass Board Resolution after Selection of Names.

• Authorize to Directors of Company to make Application with ROC for Name approval

STEP-III-
File – e-form-
RUN with ROC:


File form RUN with ROC for approval of name:
ATTACHMENTS:
√ Copy of Board Resolution.
√ Approval of Owner of Trade Mark or the applicant of such application.

[If proposed name(s) are based on a registered Trade Mark or is a subject matter of an application pending for registration under the Trade Mark Act, 1999]



STEP-IV


Name Approval Certificate from ROC, if applied name are available

STEP- V:
Issue Notice of General Meeting:
(Section 101)


Notice of EGM shall be given at least 21 days before the actual date of EGM.

• All the Directors.
• Members
• Auditors of Company
The notice shall specify the place, date, day and time of the meeting and contain a statement on the business to be transacted at the EGM.

STEP- VI:
Hold General Meeting:
(Section 101)


• Check the Quorum.

• Check whether auditor is present, if not. Then Leave of absence is Granted or Not. (As per Section- 146).

• Pass Special Resolution.[Section-114(2)]

• Approval of Alteration in MOA.



STEP- VII:
Filing of form with ROC:
(Section 117)


A File Form MGT-14 with the Registrar along with the requisite filing within 30 days of passing the special resolution.
Along with given documents:-
• Certified True Copies of the Special Resolutions along with explanatory statement;
• Copy of the Notice of meeting send to members along with all the annexure;
• A printed copy of the Memorandum Article of Associations, Shorter Notice Consent, if any.

File Form INC –
24 within 30 days of passing of Special Resolution


ATTACHMENTS:

• Notice along with Explanatory Statements.

• Certified True Copy of Special Resolution.

• Altered in MOA & AOA.

• Minutes of General Meeting

STEP- VIII:
Issue of New Certificate:


After completing Above Procedure ROC will issue a New Certificate of Incorporation.




COMPANY NAME CHANGE

The reason for a change of name of the company can be many, such as new branding plan, mergers and amalgamation, a shift in business activity etc.; However, the procedure shall be adopted similarly in all cases. The companies act, 2013 and the rules there under have laid down a clear & non-ambiguous method to change the name of a company. As the name of the company is mentioned on the MOA, AOA, Pan card, Tan Number, GST Registration, etc.; after its change, the same must also be altered.
Name of a company is its unique identity, and the same is also found in the first clause of the MOA (also known as Name Clause). In case the management of the company desires to change the name of the company, then it can be done with the consent of its shareholders and the approval of the registrar of companies.
List of Documents for Company Name Change
1. Digital Signature of the authorised director.
2. Proposed Name(s) in order of preference.
3. MOA and AOA in word format.
4. List of Directors and Shareholders.
5. Current Certificate of Incorporation.
6. Letterheads (approx. 10) and rubber stamp of director.