Change In Name Clause
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Guidelines for naming the company
The Companies Act of 2013 stipulates the rules and conditions for naming a company, whether it is a private limited company, a public limited company, or an OPC. When selecting a name for the company, the corporation should consider the following factors:
Procedure for company name change
Conduct general board meeting
Step by step procedure
The proposed name is undesirable if it violates the following conditions:
If the following conditions are not met, the applied name will not be acceptable.
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Frequently Asked Questions
No, the name must be approved in the event that an existing company changes its name by RUN alone.
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.
Re-registration of the name is required. It is also advised to include the previous name permission letter that has since expired.
The name will remain valid after ROC approval for 20 days, during which time a special resolution must be voted and filed; otherwise, the approval letter will become null and invalid.
The Company typically changes its name due to the following factors:
If the Company modifies its commercial operations.
A corporation must be willing to change its current name in order to better reflect the brands it deals with.
Occasionally, if the government directs a name change.
It usually takes around 3-4 working days in total to change the name fo clause on the Companies House register in India.
When Central Government is in opinion that the name is identical with or too nearly resembles the name of:
Existing Company;
on an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles to his registered trade mark.
To change the company name in India, a special resolution of members is required to be passed in an extraordinary general meeting. The most commonly used way to change the company name is by passing a special resolution of the members. A special resolution is simply a formal decision that should be agreed on by at least 75% of the members' votes. A special resolution can be passed in a general meeting or writing.
No, the name of the company has to be reserved in case of the change company name of an existing Company through RUN form only.
No, the stamp duty is generally paid on the allotment of shares and further, the alteration is not the adoption of a new set of memorandums anyhow.