Company Name Change
A company is a legal entity and its name signifies its independent corporate existence. So name change is a complex procedure as it needs to amend MOA. The Memorandum of Association (MOA) of the Company contains different clauses such Name clause, Registered Office clause, Object Clause, Liability Clause, Capital Clause etc. By amending the MOA of the Company, Name Clause can be changed.
The provision of name change with respect to private limited companies is mentioned under Section 13 of The Companies Act 2013 which regulates the process of amendment in Memorandum of Association. Any private Limited company seeks name alteration is required conduct a general meeting and need to pass a special resolution in the general meeting as required under Section 13 of The Companies Act, 2013.
Central Government approval is required along with special resolution. Approval of Central Government is not required if the alteration in name relates to the addition/deletion of the words “private” to the name.
Name change is complex procedure as Name of the company is required to be registered with Registrar of Companies so certain formalities have to fulfilled. However, there is a need to get involve the Board of Directors and shareholders of the Company during name change procedure before receiving the approval of the registrar of companies.
Companies Act. 2013 have mentioned out certain points that needs to take care while choosing company name. Section 4(2) of the Companies Act, 2013 provides that no company shall be registered by name which:
The name stated in the memorandum shall not
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The change of name may not be allowed to a company:
You can check name availability on Registrar of Companies (ROC) website. You also need to take approval from ROC before applying for name change.
Yes, new certificate of incorporation be issued by ROC mentioning both old and new name along with date of change of name of company.
Name change will not affect or hamper any pending legal proceedings against or in favor of company or which is initiated by company. The proceedings may continue with the old name or certificate of alteration of name change can be submitted before judicial court.
No, the name change under Section 21 would not affect any present rights or obligation of the company. All obligations remain to be same.
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