Company Name Change


Company Name Change process needs several compliances to be followed. Complete all the relevant procedures easily and quickly with legaltaxpert.in .

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    How To Change Company Name

    Changing the name of a corporation is done following a specific legal process. It necessitates considerable amendments since the firm's memorandum of association and articles of association need to be revised. According to Section 13 of the Companies Act of 2013, a business is permitted to change its name if a resolution to that effect is passed at a general meeting and if the Central Government subsequently approves the change.

    On the other hand, a person may check the availability of a business name by using the program that is called Check Company Name Availability.

    Passing Board Resolution When Partners Have Reached An Agreement With One Another

    If the business partners can't agree on changing the name of the firm, the board of directors has to convene to enact a resolution to alter the name. The permission, as well as the name change, are going to be discussed by the board of directors. In addition, one Director or CS will be recruited to investigate whether or not the desired name is available with MCA. Extraordinary General Meeting is the name given to this gathering, whose purpose is to vote on a special resolution.

    Checking Name Availability

    To determine whether or not the desired name is available, the authorized director will submit the INC-1 Form to the Ministry of Corporate Affairs. This procedure is identical to the one carried out when deciding upon a name for the organization when it was first established.

    RoC will respond with an acknowledgment letter that includes information about the business name's availability. On the other hand, this letter is not the confirmation letter for selecting the business name. This is a message from RoC informing the firm to let them know whether the term may be used.
    The proposed and current business names should be the same, but the existing company names should not be the same. The term “state" should not be used in the firm's name in any capacity. When picking a name, the remaining criteria and conditions are precisely the same as they were previously.

    The Acceptance Of The Special Resolution

    Once MCA has given its stamp of approval to the proposed name, the corporation needs to call for one more special meeting. The corporation plans to change its name, and as part of that process, it will vote on a special resolution. The changes that need to be made to the Memorandum and Articles of Association will be carried out.

    Submissions To The Registrar

    After the resolution has been passed, a unique solution will be filed with RoC, which will take place within the next 30 days. Along with it, an MGT-14 Form will be filled out, which includes information regarding the special resolution that will be passed.
    The following items must be submitted with your MGT-14 application:

    • Official copy of the Special Resolution Notice for the EGM (Certified).
    • This is the explanatory statement for the EGM.
    • Modified Memorandum of Association and Articles of Association Modified Articles of Association.
    • The MGT-14 Form must be submitted to get permission for the name change from the central government. In addition, the firm must submit the INC-24 Form to the RoC.
    • Since the INC-24 Form specifically requested the SRN submitted with the MGT-14 application, it will be filed after the MGT-14 application. The SRN of INC-1 needs to be stated in the INC-24 document. In addition, a copy of the minutes from the Extraordinary General Meeting (EGM) that was held to vote on and approve the Special Resolution has to be sent in.

    Copy Of The Certificate Of Incorporation Will Be Issued

    If the registrar of companies determines that your paperwork and application are sufficient, they will issue a new Incorporation Certificate to your business.
    Before the RoC can grant the new certificate of incorporation, the procedure of changing the business name cannot be considered complete.

    Including the Company Name in Both The MoA and the AoA

    The business's name has to be altered and included in all copies of the Memorandum of Association and the Articles of Organization as soon as the RoC issues the Incorporation Certificate to the firm.

    Procedure for company name change

    Company Name Change Procedure

    • It is recommended that a board meeting be conducted to vote on and approve the special resolution to alter the business name.
    • After the resolution has been passed, an authorized member may apply for the MCA to verify the availability of the name.
    • After receiving authorization from the MCA, a different resolution for the change of company name must be drafted, and all necessary modifications must be included in the MoA and the AoA.
    • Following the completion of the special resolution, a change of name application must be submitted to the Companies Registrar. The registrar will distribute the certificate of incorporation.
    • After receiving the Certificates of Incorporation, make any necessary revisions to the Memorandum of Association and Articles of Association.

    FAQs(Frequently Asked Questions)

    How may the company's name be changed?

    The change of company name is a legal operation. To alter the name, the Board of Directors must issue a resolution with the approval of ¾ shareholders. The company must submit a RUN form application to change the company name.

    What documents are necessary to change company name?

    Copies of the business's Memorandum of Association, Articles of Association, and Certificate of Incorporation, which the Registrar issued, are the documents that must be provided to continue changing the company's name.

    How can I modify the name of my limited liability company?

    Your corporation has two options available if it wants to change its name. Either the board can approve a special resolution of directors in a meeting, or all of the shareholders can sign a written special resolution. With the assistance of LegalTaxPert, you will be able to finish the process in a matter of days.

    How much time does it take to change the name of the business?

    If you submit the documents through the post, it could take up to a week to get them. If you file online to alter the company name, Companies House will notify you via email when the new name has been accepted. You will be issued a “Certification of Incorporation on Change of Name" upon completing the process.

    When is it possible for the central government to issue an order to change the name of the company?

    When the Central Government believes that the name is identical with or too closely resembles the name of:

    1. An existing company;
    2. On an application by a registered proprietor of a trademark, the name is identical with or too closely resembles his registered trademark. When the Central Government believes that the name is identical with or too closely resembles the name of an existing company or an existing trademark.

    What are the repercussions of changing a company name?

    It will not have any impact on the company's rights and responsibilities and will not affect the validity of any legal procedures brought by or against the company.
    The company shall be allowed to carry out the directive in its new name.
    In official documents, such as letterhead, bills, and publications, the last name must be visible for two (two) years after it has been changed.

    What documents are necessary to change company name?

    Copies of the business's Memorandum of Association, Articles of Association, and Certificate of Incorporation, which the Registrar issued, are the documents that must be provided to continue changing the company's name.