Enquiry form
Sometimes, the name of your company just doesn’t feel right or is not working well for your business; or maybe you need to change your company’s name in order to distance yourself from some negative association. In such a situation, you can change the name of your company to something more suited to your future plans. While picking an alternative name might sound like an easy task, the legal process to change the name of your company is tiresome.
People decide to change their company’s name for any of the following benefits:
If a business gains popularity for one particular product or service, it can rename its company around that product/service to capitalise on that popularity.
If the existing name isn’t catchy enough, one can change the company’s name to something more memorable that will strike the right chord with their potential customers.
A company’s name can also be changed when the business is ready to move into a new market. This helps in repositioning the brand/company.
Sometimes, based on the new geography you are entering, it might prove necessary/useful to change to a name that is more friendly and acceptable there.
If a company’s name is subjected to copyright issues then it can change its name to avoid problems.
A new name would help a new owner to ‘stamp their authority’ on the company and give it a whole new direction.
A board meeting is to be conducted where a resolution should be passed to change the name of the company. The directors should approve the new name and authorise either a director or a company secretary (CS) to check the availability of the new name with the MCA.
The authorised person should apply to the MCA in form INC-1 for checking the availability of the proposed name. It is important to run a trademark search for the proposed name.
It is advised that you should shortlist four to five business names before checking the availability to cover for the event of these names being taken or in use already.
Once the availability of the new name is confirmed, the company should convene an extraordinary general meeting (EGM). A special resolution will be passed for changing the name and making appropriate changes to the AoA and the MoA.
The special resolution will be submitted to the RoC within 30 days of passing, along with the form MGT-14, which will contain the details related to the special resolution.
Within 30 days of filing the MGT-14, form INC-24 needs to be filed with RoC along with the requisite fee. This is required for obtaining approval from the central government for changing the name. Certain documents also need to be enclosed with these two forms.
Upon being completely satisfied with the application and the accompanying documents, the RoC will issue a new certificate of incorporation, reflecting the name change.
This is the simplified version of the whole process. Single Key Advisory will take all the drafting, filling out of forms, and filing out of your way to make this process easy for you.
Changing of existing name doesn't have any impact on the legal identity of the Company. Changing the name is not creating a new entity. The changed name doesn't:
• Affect the existing rights of Companies
• Affects the legal proceedings against the Company pending in the old name
• Affects the legal proceeding initiated by the Company in the old name.
Name approved by ROC remain valid for 20 days within which the special resolution shall be passed, and filed else approval letter becomes void.
The Company usually undergoes changing its name for following general reasons:
• If the Company is changing its business activity
• A company willing to change the existing name to reflect the brand it deals with
• In cases the government orders to do so
A name change can take 15 to 20 days to be completed as approval by ROC varies depending upon the state to state.
No, two registered companies in India cannot have the same name.
The RoC will not allow a company to register a name that is already in use.
No, changing the name of the company doesn’t have the effect of starting a new company. All the old liabilities and obligations remain as it.
Single Key Advisory ensures that our clients are delighted every time with our Quality Services, Timely Delivery, Precise
Communication & Professional Approach.