Change the Name of Company Pvt Ltd /OPC at Rs. 6,499*/-*For Companies have paid up Capital upto Rs. 1 Lacs.
The name is the most essential part of the company by which it is recognized and it is mentioned in the first clause of memorandum of association.
Section 13(2) provides that any change in the name of a Pvt Ltd company shall be subject to the provisions of sub-sections (2) and (3) of section 4 of the Companies Act, 2013 and shall not have effect except with the approval of the Central Government in writing.
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Alteration of Name Shall not allow to following
The change of name shall not be allowed to a company:
- which has not filed annual returns or financial statements due for filing with the Registrar or
- Which has failed to pay or repay matured deposits or debentures or interest thereon?
Guidelines for Name Selection of Company
The name stated in the memorandum shall not—
(a) be identical with or resemble too nearly to the name of an existing company registered under this Act or any previous company law; or
(b) The company should not select such name which —
(i) Will constitute an offence under any law for the time being in force; or
(ii) is undesirable in the opinion of the Central Government.
(c) The company shall not be registered with a name which contains—
(i) any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body constituted by the Central Government or any State Government under any law for the time being in force or unless the previous approval of the Central Government has been obtained for the use of any such word or expression.
Procedure for Change of Name of Private Limited Company
Convene a board meeting by giving at least 7 days prior notice and Seek approval of the Board of directors regarding:
- Proposed new names for the company and get the Approval of it by passing the board resolution
- Calling of EGM & fixing of day, date, time, venue etc.
- Authorizing any professional OR director for signing notice, filing of forms etc.
After approval of the Board, the authorized person need to file e-form RUN accompanied by Roc Fees for the reservation of name which is for a period of sixty days from the date of approval.
Attachments:
- Copy of Board Resolution.
- Convene EGM by giving at least 21 days’ notice and can also give shorter notice, if 95% of the member gives their consent in writing.
- Send Notice of general meeting to all members along with Explanatory Statement (Section-102), Proxy Form, Route Map and Attendance Slip.
- Hold the general meeting and get approval of the members by passing a special resolution.
Filing of e-Form MGT-14 along with the prescribed filing fee within 30 days from the date of passing of special resolution with following attachments:
- Notice of EGM/ consent of shorter notice.
- Certified True Copy of special resolution & Minutes of change of name with explanatory statements annexed thereto.
- Altered Memorandum of association and Article of association.
- Name approval certificate.
After obtaining approval of the members by way of special resolution , the Company needs to file an application to the Central Government in the prescribed e-Form INC-24 within 60 days from the date of approval for name reserved by the Registrar or 30 days from the date of passing of special resolution whichever is earlier with following attachment :
- Notice of EGM/ consent of shorter notice.
- Certified True Copy of special resolution & Minutes of change of name with explanatory statements annexed thereto.
- Altered Memorandum of association and Article of association.
The Registrar shall enter the new name in the Register of companies in place of the old name and issue a fresh certificate of incorporation in Form INC-25 with the new name and the change in the name shall be complete and effective only on the issue of such a certificate.
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