The name of an existing Company can be changed at any time after its incorporation. The process for change is provided under the Companies Act, 2013. An existing Company can change its name thereby altering the first clause of the Memorandum of Association of the company which states the name by which a company is known which includes approval from Board of Directors, Members of the Company and from Central Government for said change. A fresh Certificate of Incorporation is issued by the Registrar of Companies. The change in the name of company does not impact the existence and assets and liabilities of the company.
Legal Window can help you with the change of Name of the Company just by following certain steps by providing the best assistance, timely delivery and guaranteeing the highest customer satisfaction You may get in touch with our team on 072407-51000 or email firstname.lastname@example.org .
Need for Name Change of Company
Companies not Allowed to Change their Names
Which has not filed the due annual returns or financial statements with the Registrar or
Which has failed to pay or repay matured deposits or debentures or interest thereon
Process of Change in the Name of the Company
1. Complete the Application Form
You are requested to first fill the simple questionnaire provided by our expert team which will enable us to know the case of change in the Name of the Company.
2. Document Processing
At the second step you will be required to produce the documents in accordance with the questionnaire filled based upon which case will be dealt so that we can arrange them as per the requirement and for further processing.
3. Drafting of Board Resolution and Filing the same with ROC for name reservation
After arranging the documents we will begin with the drafting of Board Resolution (if not passed ) for change in the name of the Company along with the requisite documents and the same shall be filled in “RUN” web form on the Portal of Ministry of Corporate Affairs thereby for reserving the name
4. Conducting the Members of the Meeting
The approval of Members will be accorded through convening of a Meeting and to pass necessary resolutions which shall be filed with the ROC in form MGT-14
5. Preparation and Filing of Application
After according the approval of the Members an application for change of name in INC-24 shall be prepared and filled to the ROC on Ministry of Corporate Affairs
6. Approval from the Ministry of Corporate Affairs
Lastly, after the approval of an application is received from the ROC which will be provided through e-mail which signifies that the respective changes in the name have been made and it will issue a fresh Certificate of Incorporation depicting the new name.
What All You Get
How to Select Name of Company
- You can check name availability thereby logging into the below mentioned link where you need to keep in mind two or three available options along with the activity type.
- Also, along with checking the name availability we also need to check the trademark if already registered under the proposed name which makes the online application for registration more powerful. If you want to have a trademark of your word or logo you can get the same through Legal Window by clicking on the below mentioned link.
Other Key Points
The change of name of Company is regulated U/s 13 of the Companies Act, 2013 and include the amendment in Clause I of MOA of the company. The change of name of company can be done by calling an EOGM and passing of the special resolution.
FAQ's on Change of name of Company
The Company may adopt any name which is suitable provided that the same should:-
- not undesirable or resemble too nearly to the name of an existing company registered under this Act or any previous company law, or: in the opinion of the Central Government;
- will not constitute an offence under any law for the time being in force;
- any word or expression which is not likely to give the impression that the company is in any way connected with the Central Government, any State Government, or any local authority.
No, the money cannot be withdrawn but can be used by the Company for official purpose like for paying salary to staff and employees, other administrative expenses etc.
Yes, for Indian nationals becoming a Director in a Company it is mandatory to have a PAN Card and Passport in case of Foreign Nationals.
You can register a Public Company at a commercial or residential place by providing the documents as specified. There is no restriction by the department.
Yes, a Private Company can carry multiple related business activities if it is mentioned in the company’s objects and been approved by the registrar. You can not operate entirely different activities like construction and food company under one name.
The application for name change must be made within 30 days of obtaining the consent of members in General Meeting.
As soon as the ROC issues a Fresh Certificate of Incorporation. Hence the date mentioned in the Certificate of Incorporation is the effective date for the change of name.
After the change of name, the company has to update its name with all the ministries it is registered with. All the stationeries i.e. Business cards, letterheads, display board, etc. must be updated with a new name. An important change is ratification of contracts entered in the previous name. The parties to contract must ratify said contracts after adopting a new name.
The name is valid for 60 days once it is approved by the Ministry.
You need to file Form RUN, MGT-14 and INC-24 for effecting the change of name of company. Legal Window with the help of its experts will guide you on the whole process and get it done for you at the earliest.