CHECK COMPANY OR LLP NAME

Check Company Name Availability

You can use the Check Company Name Availability Tool of legaltaxpert to find the company name availability.

The Check Company Name Availability tool can be used to find the name available for an organization. Ministry of Corporate solely authorized to accept and reject the company name application. 

Under the Companies Act 2013, the Ministry of Corporate will check whether the company name application is similar to the other name or trademark and then provide the approval.

It is better to choose a unique and easy name to register a company. For people, it is easy to remember the simple and different names. Choosing an appropriate name is one of the marketing strategies.

Restriction on the Naming of a Company

Check out the following guidelines to be followed while choosing a name for your LLP or company:

  • Identical or Similar
    The proposed name can not be similar to the existing company or trademark. If you are thinking of using a plural version, joining or separating the words, using different tenses or spelling, addition or eliminating titles, and other minor differences to make a unique name, it won’t work. The name will be the same as per trademark. You need to think of a completely new name.
  • Trademark
    You can not propose a company name on the same trademark registered name unless the consent of the registered company owner or trademark applicants allows you to keep the same name in a different state. Keeping the same name in the same state is not approved by trademark law.
  • Constitution
    One can not include indicative words of different business types, business constitution, or legal person. For example, words like Sekhari, trust, partnership, society, HUF, firm, Inc., cannot be included in the unique business name.
  • Patronage
    Any proposed company cannot attach the name of the national hero or any person with a high designation in the Indian or Foreign Government.

  • Approval
    A company's name which includes words like bank stock exchange, venture capital, asset management, mutual fund, Firms other financial activity needs confirmation from the Financial Regulatory Bodies like RBI, SEBI, IRDAI, etc.
  • Authorized Capital
    Businesses that might like to include words like an international globe, universal, Asiatic, industries, Udyog, Hindustan, India, Bharat, Enterprises, products, business, and many more must have minimum authorized capital above Rs.5 lakh.

Name and Capital of the Company

  • Selection of Company Name – The applicant needs to access the Reserve Unique Name web services by the Ministry of Corporate services. To reserve the company name, enter the proposed name. If the name is rejected by the Registrar, the applicant has to file a new RUN form and pay the required fees for the name approval.
    An OPC should write the proposal in the form of “XYC(OPC) Private Limited”. For a private company, it should be like “XYZ Pvt. Ltd.” and for the public, the name in the form is “XYZ Limited”.
  • Company Capitalization – The authorized capital for all types of companies should be Rs.1 lakh. The maximum amount of share capital of the company should be authorized by its Memorandum of Association to issue the shareholders. Also, the authorized capital should be mentioned in the MoA.

Frequently Asked Questions

How do I check a business name availability?

You can use legaltaxpert Check Company Name Availability tool to check the name availability. However, the Ministry of Corporate Affairs(MCA) handles the approval and rejection of the company name under the Companies Act, 2013. 

Can two businesses have the same name?

As businesses are registered at the state level, it is possible to have the same business name in different states. But, this can lead to trademark issues and other authenticity problems. 

Can NRIs and foreign nationals or foreign entities register a company?

Yes, NRIs, foreign nationals and foreign entities can register a company and invest in India, subject to the Foreign Direct Investment norms set by the RBI. However, incorporation rules in India require for one Indian national to mandatorily be a part of the company on the Board of Directors.

How can I check if the company name is trademarked?

 Login to the official website of the trademark and check the trademark for your proposed name. The official website is handled by the Office of the Controller General of Patents, Designs, Trade Marks, Department of Industrial Policy& Promotion, Ministry of Commerce and Industry.

Can I use a company name that already exists?

A trademarked name is protected on a national basis. If the company name is trademarked, you can’t use it even if the company doesn’t operate in the same state. You can go to the trademark official website to find out if the name is trademarked or not.