An applicant seeking reservation of name for a proposed company or an existing company seeking to change its name shall make an application to Registrar of Companies (ROC) of the state in which the registered office of the company is situated or is proposed to be situated. User may apply for reservation of name by filing eForm INC-1. In case of new company, the applicant can propose six names for the company. Change in name of the Company may take place due to the following reasons: a. Conversion of company from private to public and vice versa; b.Change based on order of the Central Government; c. Change due to change in objects of the company; d. Change due to any other reasons.
1. Preparation of notice, agenda and minutes of the Board and General meetings approving the name change. 2. Preparation of altered copy of MOA & AOA. 3. Preparation of Form 1 for name availability. 4. Preparation of Form MGT 14. 5. Certification and filing of Form 1 & Form MGT 14.
1. For Form 1 a. Certified true copy of board resolution is required to be attached in case eForm is filed by an existing company. b. A copy of direction received from the Central Government for change of name is required to be attached. c. In case the proposed name(s) are based on a registered trademark or is a subject matter of an application pending for registration under the Trade Marks Act, 1999, the approval of the owner of the trademark or the applicant of such application for registration of Trademark. d. Copy of Central Government’s approval in case the proposed name contains such word(s) or expression(s) for which the approval of Central Government is required. e. Proof of relation is required to be attached if the proposed name(s) include(s) the name of relatives. f. Approval from IRDA, RBI, SEBI, MCA or any other needs to be attached in case proposed name includes words such as Insurance, Bank, Stock Exchange, Venture Capital, Asset Management, Nidhi, or Mutual Fund etc. g. No objection certificate from the sole proprietor/ partners/ other associates needs to be attached if the promoters are carrying on any partnership firm, sole proprietary or unregistered entity in the name as applied for. h. In case the name is similar to any existing company or to the foreign holding company, then, a certified true copy of No objection certificate by way of board resolution needs to be attached. i. If the proposed name includes the phrase ‘Electoral trust’, then, affidavit executed on non-judicial stamp paper as per rule 8(2) (b) (vi) needs to be attached. j. Resolution of unregistered companies in case of Chapter XXI (Part I) companies. k. Order of tribunal as required in Rule 8(8) in course of compromise, arrangement and amalgamation is required to be attached in case proposed name is the name released on change of name. l. In case the key word used in the proposed name is the name of a person other than the name(s) of the promoters or their close blood relatives, no objection from such other(s) is required to be attached. 2. For Form MGT 14 a. Certified true copy of the resolution passed by members. b. Altered copy of the MOA & AOA.