A company being a legal entity must have a name of its own to establish its Separate identity. The name of the company is a symbol of its independent corporate existence. The first clause in the Memorandum of Association of the company states the name by which a company is known. The company may adopt any suitable name provided it is not undesirable.
The Company after incorporation can change their name by following way:
Change in Name clause of the Company involves alteration of Memorandum of Association (hereinafter referred to as “Memorandum”) of the Company. Section 13 of Companies Act 2013 regulates the process of amendment in Memorandum of Association is applicable to all companies. All clauses of Memorandum except Capital clause can be altered by following the provisions of Section 13 of Companies Act, 2013 by passing special resolution.
Section 13 of the Companies Act, 2013 deal with change of name which says that the name of the company can be changed by a special resolution and with the approval of the Central Government. Approval of Central Government is not required if the change relates to the addition/deletion of the words “private” to the name.
Sub Section- 2 of Section 4 of the Companies Act, 2013 provides that no company shall be registered by name which:
Alteration of Name shall not allow to following Companies:
The change of name shall not be allowed to a company:
STEP – I: Convey Board Meeting of Directors: (As per section 173 and SS-1)
STEP – II: Held Board Meeting: (As per section 173 and SS-1)
STEP-III- File – e-form- RUN with ROC:
File form RUN with ROC for approval of name:
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]
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. EGM can be called on Shorter Notice with the consent of at least majority in number and ninety five percent of such part of the paid up share capital of the company giving a right to vote at such a meeting:
STEP- VI: Hold General Meeting: (Section 101)
STEP- VII: Filing of form with ROC: (Section 117)
A. File Form MGT-14 (Filing of Resolutions and agreements to the Registrar under section 117) with the Registrar along with the requisite filing within 30 days of passing the special resolution, along with given documents:-
STEP- VIII: Issue of New Certificate:
After completing Above Procedure ROC will issue a New Certificate of Incorporation