Company Name Change
Name change process for a private limited company in India
- Company
- MOA
- Process
- Board meeting
- Companies Act 2013
- Special resolution A company is a legal entity with a name that denotes its distinct corporate existence. As a result, changing a person's last name requires amending the MOA. A number of clauses, including the Name Clause, Registered Office Clause, Object Clause, Liability Clause, Capital Clause, and others, are included in the company's Memorandum of Association (MOA). Name Clause may be modified by modifying the Company's MOA.
Where does the provision for name change is stated?
Under Section 13 of The Companies Act 2013, which governs the process of amending the Memorandum of Association, the provision of name change with regard to private limited companies is specified. According to Section 13 of The Companies Act of 2013, any private limited company seeking a name change must hold a general meeting and adopt a specific resolution there.
What conditions must be satisfied before a company can change its name?
A specific resolution and consent from the central government are needed. If the name change involves the addition or removal of the word "private," Central Government approval is not necessary. A name change requires completing a number of procedures since the business name must be registered with the Registrar of Companies. Before obtaining the registrar of companies' permission, the Board of Directors and shareholders of the Company must be involved in the name change procedure.
What aspects should you consider when choosing a company name?
Certain considerations that must be made while choosing a company name are outlined in the 2013 Companies Act. According to Section 4(2) of the Companies Act of 2013, no company may be incorporated by name that-
- Is same as or too similar to the name of an existing company already registered under this Act or a prior company legislation; or
- Is such that the firm's use of it— Will be illegal under any already in effect law; or
- Is undesirable in the Central Government's judgment.
What services does Estabizz provide for a company name change?
The following is a list of our whole range of end-to-end solutions-
- Complete services for a corporate name change.
- We are experts in changing a company's name.
- We will contact you using our knowledge of this area.
- Our Experts will walk you through the process and provide you a thorough list of the necessary paperwork.
- We'll check the papers you give us.
- We'll assist you with uploading electronic forms with ROC like the MGT-14 and INC-24.
- Free consultation for any questions you may have regarding a company's name change.
- Your company's name change will be completed without any problems.
- Any fee, stamp duty, and other expenses must be paid separately.
Which companies are prohibited from changing their names?
A firm may not be permitted to alter its name-
- The Registrar of Companies has not received annual reports or financial statements from any companies;
- Companies that have neglected to pay deposits, debentures, or interest on them after they have matured
Does a name change affect the company's rights or obligations in any way?
- The business's current rights and obligations would not be affected by the name change required by Section 21.
- Additionally, it won't have an impact on any legal actions that are now being taken by the company, either for or against the company. The case may go forward under the previous name or a certificate of name change may be filed with the court.
- It wouldn't invalidate any legal actions taken by or against the company.
- The company that changed its name would be allowed to request that the companies it owns shares in replace its old certificates with new ones.
Is there a specific process to change the company's name?
- Selecting the New Name of the Company- The company's new suggested name is the main issue to be decided. As required by the MCA and the Companies Act, one must take into account a number of variables while choosing a new name, such as trademarks and name availability. On the MCA website, you may verify which name is available.
-
Board Meeting- After deciding on a name, the Board of Directors must decide on the proposed new name for change and the justification for the name change, which must be submitted with the name change application to the Registrar of Companies. The Board of Directors must adopt a specific resolution for the name change of the business and for making amendments to the memorandum and articles of association after deciding on the name and the rationale for the change.
-
Submit an application to the Registrar of Companies for availability of name change- Additionally, a name change application must be submitted to the Registrar of Companies in e-form INC-1 together with the relevant costs in accordance with The Companies Act, 2013, as mandated requirements. The Company is required to offer six other names, from which the ROC may choose any name. If ROC is unsatisfied, ROC may request a fresh set of names be submitted, along with a statement from ROC explaining why the original names were rejected. The newly authorized name is usable for 60 days following the approval date. It should be noted that the ROC's approval of the name availability only, not the name change, is covered by this statement.
-
Modify the MOA and AOA- Within 30 days of the passage of a general meeting, the company must file the electronic forms MGT-14 and INC-24 with the Registrar of Companies after receiving its new incorporation certificate. Additionally, to take measures to update any copies of the Memorandum of Association, Articles of Association, and Certificate of incorporation issued by the Registrar of Companies to reflect the new business name.
-
Issuance of New Certificate of incorporation- The Registrar of Companies may issue a new certificate of incorporation after approving the application for a business name change. It is important to note that the Registrar of Companies' issue of the new incorporation certificate signifies the completion and effectiveness of the business name change.
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Where does the provision for name change is stated?
What conditions must be satisfied before a company can change its name?
What aspects should you consider when choosing a company name?
What services does Estabizz provide for a company name change?
Which companies are prohibited from changing their names?
Does a name change affect the company’s rights or obligations in any way?
Is there a specific process to change the company’s name?
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