Change In Name Of The Company

Change In Name Of The Company

A company being a legal entity must have a name of its own to establish its Separate identity. The name of the company is a symbol of its independent corporate existence. A company’s name is considered as identity of the company (Public or Private), which may be changed with the approval of members in the general meeting. The first clause in the Memorandum of Association of the company states the name by which a company is known.

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The company may adopt any suitable name provided it is not undesirable. According to section 13(1) of the Companies Act, 2013, a special resolution is required to be passed at the general meeting since change in name of the Company involves alteration in Memorandum of Association.

Steps Towards for Change The in Name of Company

1. Call Meeting of Board Director:

Issue Notice of Board Meeting to all the directors of company at least 7 days before the date of Board Meeting.Attach Agenda of Board Meeting along with Notice

2. Hold A Board Meeting: Hold the Board meeting of Company for following purposes:

  • Place before Board Suggestions for New names.
  • Pass Board Resolution after Selection of Names.
  • Authorize to Directors of company to make Application with ROC for Name approval.

3. File – E-form- INC-1 with ROC: File form INC-1 with ROC for approval of name:

  • Copy of Board Resolution.
  • Approval of Owner of Trade Mark or the applicant of such application

4. Name Approval Certificate from ROC, if applied name are available

5. Call Meeting of Board Director:

  • Issue Notice of Board Meeting to all the directors of company at least 7 days before the date of Board Meeting.
  • Attach Agenda of Board Meeting along with Notice.
  • 6. Hold Board Meeting: Hold the Board meeting of Company for following purposes:

  • Place Name Availability Certificate before the Board.
  • Fix Day, Date, Time of Extra-ordinary General Meeting.
  • Place Draft Notice of Extra-ordinary General Meeting before Board.
  • Authorization to Director to issue Notice of Extra-ordinary General Meeting.
  • 7. Give Atleast 21 clear days’ Notice of Extra-ordinary General Meeting along with explanatory statement through Electronic Mode or in Writing to.

    8. Hold Extra-Ordinary General Meeting:

  • Pass Special Resolution. [Section-114(2)]
  • Approval of Alteration in MOA & AOA
  • 9. Filling of E-Form with ROC:

    a). E-form MGT-14 within 30 days of passing of Special Resolution. With

  • Notice along with Explanatory Statements.
  • Certified True Copy of Special Resolution.
  • Altered in MOA & AOA.
  • Minutes of General Meeting.
  • b). E-form INC-24 within 30 days of passing of Special Resolution with

  • Notice along with Explanatory Statements.
  • Certified True Copy of Special Resolution.
  • Altered in MOA & AOA.
  • Minutes of General Meeting
  • 10. Thereafter completing Above Procedure ROC will issue a New Certificate of Incorporation in form No. – 25. Which will be effective from the date of issue of Certificate?